An Indigenous group has lodged a native title claim over land I bought. What are my rights?

What the Law Says

The Native Title Act 1993 (Cth) sets out how native title claims interact with existing land interests, including private ownership. As a registered owner, your rights are not automatically extinguished by a native title claim — but some future acts affecting the land may be subject to procedural rights and restrictions.

Under the Native Title Act 1993, native title exists only where it has not been extinguished by inconsistent grants or laws — such as freehold title. If you hold freehold title, native title is generally extinguished over that land, though parts of the claim may still proceed (e.g., over unallocated Crown land or certain leasehold areas).

You have statutory rights to be notified of a native title claim and to make submissions or objections. The Act requires the National Native Title Tribunal (NNTT) to give written notice to all known interest-holders, including landowners, within 28 days of registering a claim.

Your ability to use or develop the land may be affected if the claim leads to a determination or agreement — for example, through Indigenous Land Use Agreements (ILUAs) or future act regimes requiring consent or negotiation.

Statutory Text

Native title is extinguished by the grant of a freehold estate.

— Native Title Act 1993 (Cth), s. 237A — Extinguishment by grant of freehold estate

Statutory Text

The registration test… requires that the claim group satisfies the criteria in section 223(1).

— Native Title Act 1993 (Cth), s. 190A — Registration test

Statutory Text

A person who holds an interest in land… is entitled to be heard in relation to the claim.

— Native Title Act 1993 (Cth), s. 24MD — Rights of persons holding interests in land

What to Do

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