Native title claims are made through applications to the Federal Court or High Court of Australia. The members of the native title claim group seek a decision from the court that native title exists, so their rights and interests are recognised by the common law of Australia. This is called a native title determination.
Earlier native title determinations are available through the National Native Title Tribunal.
Recent native title determinations
Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People
On 14 August 2024, the Federal Court handed down a consent determination regarding the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People native title application.
The determination recognised that non-exclusive native title rights continue to exist over some areas of Crown land in the north-western NSW, including in the Cobar, Brewarrina and Ivanhoe regions.
Key non-exclusive native title rights include the right for the native title holders to access land on a non-permanent basis, partake in cultural activities, hunt and set up campsites.
Read the Ngemba Ngiyampaa, Wangaaypuwan and Wayilwan People determination.
Wongkumara People
On 3 July 2024, the Federal Court made a consent determination regarding the Wongkumara People native title application.
The claim area encompassed approximately 47,977 square kilometres of land in north-western NSW and Queensland, including the township of Tibooburra.
The determination recognised non-exclusive native title rights continue to exist over specified areas of Crown land in the determination area.
Key non-exclusive native title rights include the right for the native title holders to access land on a non-permanent basis, partake in cultural activities, hunt and set up campsites.
Read the Wongkumara People determination.
Widjabul Wia-bal People
On 19 December 2022, the Federal Court made a consent determination that the Widjabul Wia-bal People have native title rights and interests over approximately 11,700 hectares of land around the Lismore area.
The determination recognised non-exclusive native title rights continue to exist over specified areas of Crown land in the determination area.
Key non-exclusive native title rights include the right for the native title holders to access land on a non-permanent basis, partake in cultural activities, hunt and set up campsites.
Read the Widjabul Wia-Bal determination.
