Rights and interests

Native Title is a law across Australia that recognises the rights of Aboriginal and Torres Strait Islander peoples to their land and waters based on traditional laws and customs. It started in 1993 and changed how First Nations rights to Country are recognised in Australia.

The process for deciding Native Title and First Nations access, ownership, and management of land is different in each state and territory. It depends on existing land rights and agreements between Traditional Owners and governments, so it can be quite complicated.

Native title resources and Land Councils

ILUAs are voluntary agreements made under the Native Title Act 1993 between native title groups and other parties (e.g., governments, developers, landholders) about the use and management of land and waters. ILUAs can cover any type of land tenure, including Torrens title, Crown land, leasehold, and native title land, provided the agreement relates to native title matters and involves parties with an interest in the land. 

​About Indigenous Land Use Agreements (ILUAs)

States and territories in Australia have different laws. Some of these provide Aboriginal groups with similar rights to freehold land ownership. 

Visit your state or territory website to find out more.

• ACT: Aboriginal Land Rights (ACT)
• NSW: NSW Aboriginal Land Council
• NT: Aboriginal Land Rights Act Info
• QLD: Aboriginal Land Act 1991 (Qld) and Torres Strait Islander Land Act 1991 (Qld) and Environment, land use and native title (Qld)
• SA: Aboriginal Lands Trust SA
• TAS: Aboriginal Lands Act 1995 (Tas)
• VIC: Traditional Owner Settlement Act 2010 (Vic) and Victoria's Treaty
• WA: Aboriginal Heritage Act (WA) 1972 and South West Aboriginal Land and Sea Council (SWALSC)

The Torrens title system is used in Australia to keep track of who owns land. Each state and territory has an office that records details like where the land is and what size it is. This system includes different types of land ownership:

Freehold or fee-simple (Torrens title): You own the land and buildings. You can sell it and use it as long as you follow the law. 

Freehold land is the main system used to record who owns land in Australia. Boundaries on a map provide an outline of individual plots of land – small or large – which are owned by an individual or an organisation. A freehold title means you own the land and any structures on it (e.g. a house or shed). You have full control over the property, as long as you follow local laws and planning regulations. You can also sell the property if you want to. 

Strata title and Community title: You own part of a building (like an apartment) and share common areas. 

Strata title and Community title are two similar types of ownership. They both relate to properties that are grouped with others and share common areas, such as a garden or driveway. An individual or organisation typically owns a single apartment, townhouse, or unit within a small group. They can sell their unit if they want to. Ownership and responsibility for common areas, like a garden, is shared across unit owners within the group and usually managed by a representative body. 

Leasehold title: You don’t own the land but can use it for a long time (e.g. 20+ years) 

Leasehold titles are common in the Australian Capital Territory and some rural areas of Australia. A Leasehold title means the land is owned by someone else (typically the Crown), but you can live on and use the land/buildings for an agreed amount of time. A Leasehold title is different from leasing (or renting) a property which gives you temporary access to the location (e.g. 12 months). A leasehold title can be sold, but the amount of time on the lease, known as the expiry date, does not change. 

• ACT: ACT Land Titles
• NSW: NSW Land Registry Services
• NT: NT Land Titles
• QLD: Queensland Land Titles
• SA: Land Services SA
• VIC: Land Use Victoria
• WA: Landgate WA
• TAS: Tasmanian Land Titles Office

Crown land: Owned by the government. Can be used for parks, sports fields, etc. 

Crown land is owned by the government – state, territory, or Commonwealth. It is not available for sale or private ownership but can be leased or licensed to others. Examples of Crown land include parks, sports fields, and camping areas. Crown land can sometimes be called State or Public land or Reserves. In Queensland, Crown land that has not been given a specific purpose or lease is called Unallocated State Land. 

Pastoral lease: Government-owned land leased for farming or other uses. 

A pastoral lease is a specific type of Crown land. The government owns the land and provides a long-term lease (e.g. 30-50 years) to an individual or organisation who can use the land under specific conditions. Pastoral leases are used for grazing, but can also include tourism, conservation, or other activities, such as carbon farming (with approval). The rules for pastoral leases are different depending on the state/territory you are in.

Mining lease: Government-owned land leased for mining. 

A mining lease is permission from the government that gives a person or company the exclusive right to mine minerals in a specific area. Mining leases are often granted over land covered by Pastoral leases that are not exclusive. It usually lasts for many years and comes with strict rules to protect the interests of others who access the land as well as the environment and safety.

• ACT:  n/a
• NSW:Planning NSW (Mining & Pastoral)
• NT: Managing pastoral leases and Mining Titles
• QLD: Resources QLD and Leases – types of land tenure (Qld)
• SA: Pastoral Leases and Energy & Mining SA
• VIC: Land Use Victoria and Earth Resources VIC
• WA: Pastoral land lease and Mining tenure WA
• TAS: Mineral Resources TAS

Indigenous Protected Areas (IPAs) are defined areas of land/water managed by Aboriginal and Torres Strait Islander peoples. The Australian Government provides funding support to help protect the environment, keep culture strong, create jobs and community benefits. Some IPAs include coastal and ocean areas (Sea Country). 

Find out more at: www.niaa.gov.au

Water rights are set and managed by the government. They determine who can use water, how much they can use, and for what purpose. There are different types of water rights, including inland water (rivers, lakes and groundwater) and salt water (coastal or offshore) rights.

Coastal and offshore water cannot be owned, and is manged for public use such as fishing, shipping, and conservation.

Inland water rights include: 

• Entitlements: long-term access to water
• Allocations: how much water you can use each year
• Special rights: for farming, household use, or cultural purposes

Read more about inland water