Exercising native title rights and interests

Wednesday, 7 June 2017
Lisa Eaton

Traditional owners- native title claimants- native title holders- members of a prescribed body corporate. Who holds what native title rights? How can you exercise such rights? Post determination rights and interests are managed through a corporation governed by western laws and values. As is now well documented, this very structure required under the Native Title Act is often at odds with Indigenous decision making structures. This paper will begin to examine post determination issues surrounding the complex and layered network of native title ‘memberships’ and the parameters within which they must operate. There is often a fundamental misunderstanding as to how traditional rights and interests can be exercised and fully leveraged by Aboriginal and Torres Strait Islander people. In order to effectively manage native title greater clarity is required.