In 2013, the Federal Court made Australia’s first native title compensation consent determination in relation to De Rose Hill in South Australia’s far north‑west. Notwithstanding this determination, uncertainty about native title compensation still lingers for native title holders. Reality is, the increasing recognition of native title rights will similarly increase the ability to prosecute native title compensation claims. Undoubtedly, if claims are properly evidenced native title compensation could be the next frontier for native title holders.
This paper explores evidence for native title compensation claims with a view to assisting native title holders better prepare for claims. First, it will explain some of the general principle of native title compensation and evidence gathering. Second, the paper will propose that there are several relevant sources of evidence worth pursuing in native title compensation matters. This will focus on gathering evidence from native title holders. Third, the paper will use practical examples to further demonstrate how relevant evidence may unfold in native title compensation claims