AustraliaI hold native title rights. Can the government extinguish them by granting a lease to someone else?
Yes, the government can extinguish native title rights by granting certain types of leases — specifically exclusive possession leases — but not all leases automatically do so. The effect depends on the nature and terms of the lease.
What the Law Says
The Native Title Act 1993 (Cth) sets out when native title rights are extinguished — including by certain government grants like leases. The law distinguishes between leases that confer exclusive possession and those that do not.
Native title is a bundle of rights recognised by Australian law, held by Aboriginal and Torres Strait Islander peoples according to their traditional laws and customs. These rights can be extinguished — meaning legally ended — by valid government acts that are inconsistent with the continued existence of native title.
Under the Native Title Act 1993 (Cth), a grant of a lease that confers 'exclusive possession' on the lessee will extinguish native title over the leased area. This is because exclusive possession is fundamentally inconsistent with the exercise of native title rights, which often include access, use, and enjoyment of land.
However, non-exclusive leases — such as pastoral leases or licences that do not give the holder the right to exclude others (including native title holders) — generally do not extinguish native title. Instead, they may coexist with it, subject to the terms of the lease and any applicable native title determination.
Statutory TextA grant of a lease conferring exclusive possession of an area extinguishes any native title in relation to that area.
— Native Title Act 1993 (Cth), s. 237 — Effect of certain grants
Statutory TextNative title is extinguished by a valid grant of a freehold estate or a lease conferring exclusive possession.
— Native Title Act 1993 (Cth), s. 237 — Effect of certain grants
What to Do
Check whether the lease granted over your country confers exclusive possession — review its terms and any supporting legislation.
Confirm whether the lease was made after 1 January 1994 (when the Native Title Act commenced), as different rules apply to pre-1994 grants.
Seek legal advice from a native title representative body (NTRB) or native title service provider (NTSP) to assess your rights and options.
If native title has been extinguished, explore whether you may still hold rights under other laws (e.g., heritage protection or land use agreements).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.