Native title is the name Australian law gives to the traditional ownership of land and waters that have always belonged to Aboriginal people according to their traditions, laws and customs. The Commonwealth Native Title Act 1993 (NT Act) sets out how native title rights are to be recognised and protected.
Granting tenure may affect native title interests in Crown land. Potential native title rights and interests must be identified and resolved before proceeding with any proposed tenure.
Council CLMs and Category 1 non council CLMs must employ/engage at least one native title manager and obtain written advice from them about native title and any proposed tenure. A Native Title Manager Workbook has been designed to provide guidance and assistance.
Category 2 CLMs must contact the department [link to contact us] for advice on native title rights and interests. The department will check for any Indigenous Land Use Agreement (ILUA) or native title claims over the reserve, and provide advice for you to progress any notification requirements under the NT Act.
The department will generally not give consent to any CLM lease or licence for land subject to an Aboriginal land claim that will:
It is expected that council CLMs and category 1 non council CLMs will apply the above principles when authorising tenure greater than 12 months.
For information on Aboriginal land claims refer to:
Aboriginal land claims fact sheet and Definition of terms fact sheet.
This Crown land manager web resource was printed on 28 Mar 2023. The information contained in this web resource is based on knowledge and understanding at the time of writing Mar 2023. However, because of advances in knowledge, users are reminded of the need to ensure that the information upon which they rely is up to date and to check the currency of the information by referring to the website (www.reservemanager.nsw.gov.au).
© State of New South Wales through Department of Planning, Industry & Environment 2023.
Page link: https://reservemanager.crownland.nsw.gov.au/using-crown-reserves/leases-and-licences2/native-title,-aboriginal-interests-and-granting-tenure