Indigenous land rights in Australia facts for kids

Kids Encyclopedia Facts

Indigenous land rights in Australia are about the special rights and interests that Aboriginal and Torres Strait Islander people have in their traditional lands and waters. These rights also cover the long fight to have their ownership of these lands recognised.

For Aboriginal and Torres Strait Islander peoples, their connection to the land and waters is extremely important. Before Australia was settled by Europeans in 1788, and before the Torres Strait Islands were taken over in the 1870s, many different Indigenous groups lived on and cared for these lands. They have been fighting for a long time to have their ownership legally and morally accepted.

As of 2020, the rights and interests of Aboriginal and Torres Strait Islander peoples are officially recognised over about 40% of Australia's land. Rights to sea areas have also been claimed in some native title cases.

Understanding Land Rights and Native Title
- What are Land Rights?
- What is Native Title?
A Brief History of Land Rights
Indigenous Land Ownership Across Australia
See also

Understanding Land Rights and Native Title

It's important to know that "land rights" and "native title" are different.

What are Land Rights?

Land rights are special rights given by the Australian, state, or territory governments. These usually mean that Indigenous Australians are given ownership of land, often as a type of freehold or long-term lease. This means the land belongs to them.

What is Native Title?

Native title in Australia is different. It's not something the government gives. Instead, it's the recognition by Australian law of rights and interests that Indigenous people already had. These rights come from their traditional laws and customs that existed long before European settlement.

Native title includes rights to land and waters that Indigenous Australians hold under their traditional laws. These rights are officially recognised under a federal law called the Native Title Act 1993. This law applies across all of Australia.

The Native Title Act was passed after a very important court case called Mabo and others v. Queensland (No. 2). In 1992, Australia's highest court, the High Court of Australia, decided that Indigenous people had rights to their land based on their own laws and customs. This was the first time the court officially recognised that Indigenous people had been dispossessed, meaning their lands were taken from them. The court also said that Indigenous land rights, which had not been taken away by later government grants, still existed.

When a land rights claim is successful, the land usually becomes a special type of ownership for the community or an organisation, not for individuals. There are usually rules about selling or dealing with this land. This helps make sure the land is passed down to future generations, respecting the community's traditional connection to that country.

A Brief History of Land Rights

European settlement of mainland Australia began in 1788. The Torres Strait Islands were taken over later, in the 1870s, by the colony of Queensland.

Early Promises and Controls

In 1836, when the British were settling South Australia, official documents mentioned the rights of the Aboriginal peoples of South Australia. This was the first time Aboriginal rights were recognised on the continent, but this promise was never kept.

In the late 1800s and early 1900s, laws in different colonies and states controlled where Aboriginal people could live. They were often forced to live on Aboriginal reserves or mission stations. On these places, they had no rights to own the land.

The Fight for Land Rights Begins

The modern movement for Aboriginal land rights started with important protests.

1963 Yolngu Bark Petition: In 1963, Yolngu people from Yirrkala in Arnhem Land sent a petition to the government. They asked for their land and rights to be returned.
1966 Wave Hill Walk-Off: In 1966, the Wave Hill Walk-Off began. It started as a protest about working conditions for Aboriginal stockmen. But it quickly grew into a land rights issue. The Gurindji people claimed rights to their traditional land, which was then a large cattle station owned by a British company. This strike lasted for eight years.

In 1961, a meeting of government ministers agreed on a policy called "assimilation." This meant trying to make Aboriginal people live like non-Indigenous Australians. However, many people questioned this idea, and it led to more awareness about social justice for Aboriginal and Torres Strait Islander people.

In 1966, South Australia passed the Aboriginal Lands Trust Act 1966. This was the first major recognition of Aboriginal land rights by any Australian government. It allowed parcels of Aboriginal land to be given to the Aboriginal Lands Trust of SA, which was run by Aboriginal people.

1970s: Growing Activism and Laws

In the 1970s, Indigenous Australians became more active in politics. A strong movement for land rights grew. The government also started buying private land to help Indigenous communities.

In 1971, a court case called Milirrpum v Nabalco Pty Ltd (the "Gove land rights case") happened in the Northern Territory. The court ruled against the Yolngu people's claim for native title. The judge used the idea of terra nullius, which means "land belonging to no one." However, the judge did recognise that the Yolngu people had a strong connection to the land and a complex system of laws. This case was still very important for Aboriginal land rights in Australia.

Aboriginal Tent Embassy

The Aboriginal Tent Embassy was set up on January 26, 1972, in front of Old Parliament House, Canberra. Four Aboriginal activists started it as a protest for Indigenous land rights. They were upset that the government would not recognise Aboriginal land rights. Instead, the government offered only short-term leases on land, keeping mining rights for itself.

Black Moratorium

On July 14, 1972, protests called the Black Moratorium took place in several cities. Thousands of people, including Aboriginal people, students, and trade union members, marched to support Aboriginal rights. They demanded full ownership of traditional lands, including mineral rights, and fair compensation for all land taken since 1770. They also called for Black communities to control their own lives and land. These protests were very successful in raising awareness and showing strong support for Indigenous rights.

Aboriginal Land Rights Act 1976

After the Gove land rights case, a special inquiry called the Aboriginal Land Rights Commission was set up in 1973. This inquiry recommended recognising Aboriginal Land Rights. Based on these recommendations, the government introduced a bill.

On December 16, 1976, the Aboriginal Land Rights Act 1976 became law. This was a very important law. It allowed Aboriginal people in the Northern Territory to claim rights to land based on their traditional occupation. It was the first law of its kind in Australia. It led to almost 50% of the land in the Northern Territory being transferred to collective Aboriginal ownership. After this, some states also introduced their own land rights laws.

1980s: Land Returns in South Australia

In 1981, the South Australian Premier, David Tonkin, returned a huge area of land (about 10% of the state) to the Pitjantjatjara and Yankunytjatjara people. This land is known as the APY lands.

In 1984, another law, the Maralinga Tjarutja Land Rights Act 1984, was passed. This returned lands in the remote western part of the state to the Pitjantjatjara people.

1995: Indigenous Land Corporation

In 1995, the Indigenous Land Corporation (ILC) was created by the Australian Government. Its job is to help Aboriginal Australians buy land and manage it in a way that benefits them culturally, socially, economically, and environmentally. In 2019, it became the Indigenous Land and Sea Corporation (ILSC) to also include work with water.

Indigenous Land Ownership Across Australia

Different states and territories in Australia have different laws about Indigenous land ownership.

Northern Territory

The Aboriginal Land Rights (Northern Territory) Act 1976 allows Aboriginal people to claim land based on their traditional connection. This land is freehold, meaning it cannot be sold, but it can be leased.

Queensland

In Queensland, the Aboriginal Land Act 1991 and the Torres Strait Islander Land Act 1991 provide for Aboriginal and Torres Strait Islander freehold land. This type of land covers about 5% of northern Queensland. A special group can manage this land and grant leases for up to 99 years.

Another type of land ownership in Queensland is the Deed of Grant in Trust (DOGIT). These were created for former Aboriginal reserves and missions. Aboriginal and Torres Strait Islander local governments hold these lands in trust for future generations.

Mer (Murray) Island, which was central to the important Mabo court cases, is an example of Torres Strait Islander freehold land.

South Australia

The Aboriginal Lands Trust of South Australia Act 2013 updated the laws for the Aboriginal Lands Trust in South Australia.

Western Australia

The Aboriginal Lands Trust (ALT) of Western Australia was set up in 1972. This body holds about 10% of the state's land, which includes reserves, leases, and freehold property. Many remote Indigenous communities live on this land. Efforts are ongoing to manage this land in a way that benefits Aboriginal people.