Indigenous
Native Title
This page aims to provide clear, factual information about native title claims to assist individuals and organisations in understanding the process.
Native title is a legal recognition of the traditional rights and interests that Aboriginal and Torres Strait Islander peoples hold in land and waters, based on their traditional laws and customs. This recognition was established in Australian law through the 1992 High Court decision in Mabo v Queensland (No 2), which acknowledged that Indigenous peoples' connection to land predates European settlement and continues to this day.
The Native Title Act 1993 (Commonwealth) provides the framework for Indigenous groups to lodge claims seeking recognition of their native title rights.
The Commonwealth Native Title Act 1993 establishes two important bodies for responding to and determining native title claims.
- The Federal Court of Australia is responsible for determining native title and compensation, including orders giving effect to a claim agreement.
- The National Native Title Tribunal has the power to decide if a claim can be made and to provide assistance or undertake mediation.
Understanding the native title process is essential for all stakeholders to navigate these matters respectfully and in accordance with the law.
Native Title determinations in our region
The Federal Court of Australia makes the determination about whether a native title right exists or not. Once a native title right has been determined a Registered Native Title Body Corporate (RNTBC) is set up to hold the native title rights and interests on behalf of the Native Title holders. A RNTBC is also called a Prescribed Body Corporate (PBC).
As determined by the Federal Court of Australia, the following claims have been successful in our region:
Bigambul People
The Bigambul People have been determined by the Native Title Tribunal as the Traditional Custodians for approximately 17,134 sq km of country which lies between the towns of St George, Tara and Millmerran in the Darling Downs region of Queensland. The Native Title Tribunal has established that Bigambul traditional land spans part of the Balonne, Goondiwindi, Toowoomba and Western Downs regional councils.
For details of the Native Title Tribunal decisions visit
To contact the Bigambul Native Title Aboriginal Corporation, or for more information, please visit their website - Bigambul Native Title Aboriginal Corporation website.
Indigenous Land Use Agreements (ILUAs)
The Native Title Act 1993 (Commonwealth) mandates obtaining consent from the PBC for activities on Native Title land. Activities that require consent can be managed through an Indigenous Land Use Agreement (ILUA). ILUAs are voluntary agreements that must be registered with the National Native Title Tribunal (NNTT) to be lawful.
For more information or to find ILUAs relevant to our region visit - Search Register of Indigenous Land Use Agreements
Native Title Claims underway in our region
If an Aboriginal person or group wishes to establish a native title claim, they must submit a claim application to the Federal Court of Australia, which is responsible for managing all aspects of native title.
The application is assessed in accordance with the Commonwealth Native Title Act 1993, and requires the Aboriginal person or group to prove to the Court their connection to country and that they meet eligibility criteria.
Any party with an interest in the land within the claim area can also elect to join the proceeding as a ‘respondent’ and they then may make submissions.
If you have been sent a Notification letter advising that a Native Title Claim has been made and you have been identified as a party of interest, you can find out more here – Native Title Fact Sheet(PDF, 206KB).
For claims in our local government area, Council generally elects to participate in the often lengthy (many years) legal process as a ‘respondent’ to all native title claims. Being listed as a respondent requires the Federal Court and Native Title Tribunal to provide updates as part of the process. Council may also make submissions as part of the claim; however, these submissions are not an invitation to comment on eligibility for native title.
Council is currently an interested party in the following claims:
- QC2017/006 - Gamilaraay People
- QC2022/005 - Bigambul People #4
More information about these claims can be found by searching the Register of Native Title Claims - Search Register of Native Title Claims
Some facts about native title
Native title:
- can be extinguished (refused recognition) because of things the government has done, or allowed others to do, over a particular area within the claim that are inconsistent with native title
- is not granted by governments—it is usually recognised through a determination made by the Federal Court under the Native Title Act
- exists alongside and subject to the rights of other people in the same area
- can only be claimed on certain areas of land or water, for example on some crown leasehold, vacant or unallocated Crown land, but not on residential freehold land or public works like roads, schools or hospitals
- may include the right to possess and occupy an area to the exclusion of all others (often called a right of exclusive possession). Exclusive possession can only be recognised over limited parts of Australia, such as unallocated or vacant Crown land and certain areas already held by, or for, Indigenous Australians. Over other areas, the native title bundle is most likely to be a set of non-exclusive rights (which means there is no right to control access to, and use of, the area).
- All native title rights are subject to the laws of the State and the Commonwealth.
Getting More Information
As this is a federal issue - we encourage you to contact your federal MP for Maranoa for more information. https://www.aph.gov.au/D_Littlepround_MP
About native title:
About becoming an interested party:
For general information: