Aboriginal and Torres Strait Islander peoples' rights and interests in land are formally recognised over around 50 per cent of Australia's land mass. Connection to land is of central importance to First Nations Australians.
The Aboriginal Land Rights (Northern Territory) Act 1976 (see above) provides the basis upon which Aboriginal Australian people in the Northern Territory can claim rights to land based on traditional occupation. The freehold land cannot be sold or transferred, but it can be leased.
Proportion of all land that is Indigenous owned or controlled. Nationally as at June 2022, 16.1 per cent of Australia's land area was owned or controlled by Aboriginal and Torres Strait Islander people. This is unchanged from the same time in the previous two years (June 2020 and 2021) (figure SE15a. 1).
Aboriginal freehold land is inalienable freehold title, meaning it can't be sold. It is referred to as 'schedule one' land, and is formally held by an Aboriginal land trust.
From an Indigenous perspective, land is not something that is earned by a few, it belongs to everybody or, more accurately, we belong to it. Aunty Munya explains, “Many Indigenous peoples the world over generally do not believe that anyone or anything can be 'owned', especially the land.”
The land underpins kinship and community identity. The land defines community groups and language groups. Language groups are an expression of community identity. Aboriginal people do not own the land they are custodians of it.
Generally, no. Only vacant Crown land may be subject to a native title claim. Freehold land, which is almost all private property, is not subject to native title claims even if Aboriginal places are present.
ABORIGINAL LAND CLAIMS
Under the Aboriginal Land Rights Act 1983 (NSW), vacant Crown land can be granted as freehold to Aboriginal people if it is not lawfully used or occupied, required for an essential purpose or for residential land, or impacted by a registered application or determination of native title.
Australia is made up of many different and distinct Aboriginal and Torres Strait Islander groups, each with their own culture, language, beliefs and practices. Aboriginal and Torres Strait Islander peoples are the first peoples of Australia, meaning they were here for thousands of years prior to colonisation.
They have a profound spiritual connection to land. Aboriginal law and spirituality are intertwined with the land, the people and creation, and this forms their culture and sovereignty. The health of land and water is central to their culture.
The NLC manages the receipt and disbursement of royalty monies to Aboriginal people. The NLC maintains a royalty trust account that receives monies on behalf of individuals and associations of Aboriginal people and disperses them in accordance with section 35(2), (3) & (4) of the Land Rights Act.
Taking into account the $300 million allocated for Indigenous housing and the $177 million underspend in 2021–22, the October 2022–23 Budget provides $1.1 billion more than the March 2022–23 Budget for Indigenous Australians-related matters, averaging $4.2 billion per year over the forward estimates.
There are some amounts don't need to be include as income in your tax return. Aboriginal and Torres Strait Islander people and Indigenous holding entities don't need to pay income tax or capital gains tax on native title payments or benefits.
It is true that there has been, historically, a small number of claims that there were people in Australia before Australian Aborigines, but these claims have all been refuted and are no longer widely debated. The overwhelming weight of evidence supports the idea that Aboriginal people were the first Australians.
It would be possible in theory for squatters to be charged with criminal trespass under the Inclosed Lands Protection Act, but squatters are simply evicted when they are discovered. As in England and Wales and also the United States, adverse possession exists in Australian law, although it is rarely used by squatters.
If you are the registered proprietor of the title, what you actually own is the land. The house on the land is the extra bit and has nothing to do with the title ownership (leaving aside Strata titles which are a different thing).
Leasehold: Land in Canberra is granted under a crown lease – so when you buy land, you are leasing the land from the government for a fixed term. Most residential crown leases are issued for a period of 99 years. When you buy an existing parcel of land, you take on the remaining term of the lease.
The three criteria are: being of Aboriginal or Torres Strait Islander descent identifying as an Aboriginal or Torres Strait Islander person being accepted as such by the community in which you live, or formerly lived.
Indigenous peoples have the right to practice and revitalise their cultural traditions and customs (Article Eleven). Indigenous peoples shall not be removed from their land by force. Where they agree, they should be provided compensation, and, where possible, have the possibility to return (Article 10).
Land claims are lodged with the Registrar of the Aboriginal Land Rights Act 1983 (ALRA) and referred to the Minister administering the Crown Lands Management Act 2016 for investigation and determination.
Currently, 14.1 per cent of Australia's agricultural land is foreign owned, and China is the largest foreign owner (2.3 per cent). China is also the third-largest stakeholder of Australian water behind Canada and the US, owning 604 gigalitres or 1.5 per cent of the total Australian water entitlement.
Aboriginal and Torres Strait Islander peoples' rights and interests in land are formally recognised over around 50 per cent of Australia's land mass. Connection to land is of central importance to First Nations Australians.
Australian Financial Review's annual rich list. Mining magnate Gina Rinehart has once again been crowned Australia's richest person, as a boom in iron ore prices lifted her personal net wealth to $34 billion.