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National
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Native Title Act 1993 (Cth)
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Provides for the recognition & protection of native title, and establishes a process for undertaking future activity.
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Common law holders as determined by the Federal Court of Australia and held by a registered native title body corporate.
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Recognition of the communal group / individual rights and interests.
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No.
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Yes.
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Northern Territory
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Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
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Provides for the grant of land to aboriginal land trusts in the Northern Territory.
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Aboriginal land trusts – consisting of Aboriginal people resident in land council region.
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Inalienable freehold title.
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No.
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Yes of leasehold interest.
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Pastoral Land Act 1992
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Provides for the grant of land to Aboriginal communities (living area) on pastoral leases.
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Aboriginal association.
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Restricted freehold.
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No.
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Yes, with restrictions.
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Queensland
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Land Act 1994
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Provides for freehold to be provided on trust to Indigenous communities (deed of grant in trust).
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Trustees.
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Inalienable freehold.
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No but see below.
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Yes.
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Aboriginal and Torres Strait Islander Land (Providing Freehold) Amendment Act 2014
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This Act amended the ALA and TSILA to provide the option of converting town areas of Aboriginal and Torres Strait Islander communities to ordinary freehold land.
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Specified Aboriginal or Torres Strait Islander people.
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Freehold.
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Yes, subject to conditions.
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Yes.
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Aboriginal Land Act 1991 (ALA)
Torres Strait Islander Act 1991 (TSILA)
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Provides for the grant of land on mainland Queensland and the Torres Strait for the benefit of a broader Indigenous group.
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ALA – Trustees or Aboriginal people or RNTBCs (native title corporation).
TSILA – Trustees, Torres Strait Islander people or RNTBCs (native title corporation).
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Inalienable freehold or leasehold.
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No.
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Yes.
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Western Australia
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Aboriginal Affairs Planning Authority Act 1972
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Designates reserve land for the ‘use and benefit’ of Aboriginal inhabitants.
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Aboriginal Lands Trust.
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Crown reserve.
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No.
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Yes, subject to conditions.
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Land Administration Act 1997
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Provides for leases to Aboriginal communities and Aboriginal corporations for pastoral activity and the advancement of Aboriginal persons.
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Aboriginal person or approved Aboriginal corporation.
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Conditional freehold or lease and Crown reserves.
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No.
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Yes, subject to conditions
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New South Wales
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Aboriginal Land Rights Act 1983
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Allows Aboriginal Land Councils to claim certain Crown land.
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Local Aboriginal Land Councils.
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Alienable freehold, including certain limited mineral rights.
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Yes, subject to conditions.
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Yes, subject to conditions.
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Victoria
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Traditional Owner Settlement Act 2010
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Provides for out-of-court settlement packages, including recognition of certain rights in Crown land. Traditional owners must agree to withdraw any native title claim and not make any future claims.
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Aboriginal Lands Trust.
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Can include freehold title for cultural and economic purposes, or ‘Aboriginal title’ jointly managed with the state.
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No.
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No.
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South Australia
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Aboriginal Lands Trust Act 1996 and 2013
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Provides for the establishment of the Aboriginal Lands Trust to hold titles of existing Aboriginal reserves.
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Aboriginal Lands Trust.
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Alienable freehold title.
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Yes, subject to conditions.
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Yes, subject to conditions.
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Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
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Provides for the vesting of title to certain lands.
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Body corporate.
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Inalienable freehold.
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No.
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Yes.
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Maralinga Tjarutja Land Rights Act 1984
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Provides for vesting of title to certain lands.
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Body corporate.
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Inalienable freehold.
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No.
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Yes.
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Tasmania
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Aboriginal Lands Act 1995
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Provides for the granting of certain parcels of land of historic or cultural significance.
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Aboriginal Land Council of Tasmania in trust.
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Alienable freehold and Crown leasehold.
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No.
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Yes, subject to conditions.
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Commonwealth
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Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Cth)
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Provides for the application of grants of Territory land.
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Wreck Bay Aboriginal Community Council.
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Aboriginal land.
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No.
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Yes, subject to conditions.
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