Timeline

Land rights and/or native title

Legislation

Case law

Milestones

Land Rights and/or Native Title

Milestones

Case Law

Legislation

 
The National Agreement on Closing the Gap comes into effect and aims to “overcome the entrenched inequality faced by too many Aboriginal and Torres Strait Islander people so that their life outcomes are equal to all Australians”.
— 2020
The High Court says that Aboriginal people who are not citizens of Australia cannot be deported using the aliens power in Love and Thoms.
— 2020
The High Court in the Timber Creek decision awards compensation to the Ngaliwurru and Nungali Peoples for economic and cultural loss due to the extinguishment of native title rights and interests.

— 2019
The Barunga Agreement commences, supporting treaty negotiations in the Northern Territory.
— 2018
The Uluru Statement from the Heart is released. It calls for a First Nations Voice in the Australian Constitution and a Makarrata Commission to support agreement-making and truth-telling between
government and Aboriginal and Torres Strait Islander people.
— 2017
The High Court in Brown determines that native title can coexist with non-exclusive mineral leases.
— 2014
The High Court in the Akiba decision finds that native title fishing rights in the Torres Strait were not extinguished by fishing legislation.
— 2013
The Traditional Owner Settlement Act comes into effect in Victoria, providing alternative mechanisms to native title for the recognition of rights in Crown land.
— 2010
Negotiations towards the Noongar Settlement, the largest native title settlement to date, covering around 200,000 sq km and affecting about 30,000 Noongar people, commence.
— 2009
The Australian Government formally supports the United Nations Declaration on the Rights of Indigenous Peoples.
— 2009
The High Court upholds Yolngu exclusive water rights over the intertidal zone and its marine property in the Blue Mud Bay case.
— 2008
Prime Minister Kevin Rudd formally apologises to the Stolen Generations.
— 2008
A member of the Stolen Generations successfully sued the State of South Australia for damages after forced separation in Trevorrow.
— 2007
The Yankunytjatjara/Antakirinja peoples achieve recognition of native title through the first consent determination in South Australia.
— 2006
United Nations Declaration on the Rights of Indigenous Peoples enters into force. The Declaration explains Indigenous rights to self-determination, culture, traditions and customs, not to be forcibly removed from their lands or subject to forced assimilation or destruction of their culture and traditions.
— 2006
The Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk peoples achieve recognition of native title through the first consent determination in Victoria.
— 2005
The High Court upholds judgment that the ‘tide of history’ had extinguished Yorta Yorta native title rights.
— 2002
The High Court determines that native title can be partially extinguished in Ward.
— 2002
The High Court finds that native title can exist offshore in the case of Yarmirr.
— 2001
The Narungga people are party to the first Indigenous Land Use Agreement registered in South Australia.
— 2001
The Arakwal people are party to the first Indigenous Land Use Agreement registered in New South Wales.
— 2001
The Nharnuwangga, Wajarri and Ngarlawangga peoples are parties to the first Indigenous Land Use Agreement registered in Western Australia.
— 2001
The Nharnuwangga, Wajarri and Ngarla peoples achieve recognition of native title through the first consent determination in Western Australia.
— 2000
United Nations Committee on the Elimination of Racial Discrimination (CERD) decides that the Native Title Amendment Act 1998 (Cth) discriminates against Indigenous title holders.
— 1999
The Framlingham Aboriginal Trust and the Kirrae Whurrong peoples are parties to the first Indigenous Land Use Agreements registered in Victoria.
— 1999
The Yuibera, Wiri/Yuwiburra and Birri Gubba peoples are party to some of the first Indigenous Land Use Agreements registered in Queensland.
— 1999
The Jawoyn people are party to the first Indigenous Land Use Agreement registered in the Northern Territory.
— 1999
In response to the Wik Decision, the Howard Government introduces broad amendments to the Native Title Act under the Native Title Amendment Act.
— 1998
The High Court considers for the first time the meaning and scope of s 51 (xxvi) of the Australian Constitution (the Race Power) in Kartinyeri.
— 1998
The Gamaay peoples achieve recognition of native title through the first consent determination in mainland Queensland.
— 1997
The Bringing Them Home report about the Stolen Generations is released.
— 1997
The Dunghutti peoples achieve the first native title consent determination that native title exists in New South Wales and on mainland Australia.
— 1997
The High Court holds that native title may co-exist with the rights of some pastoral leases in the
Wik
decision.
— 1996
The Australian Government officially recognises the Aboriginal and Torres Strait Islander flags.
— 1995
The Australian Government establishes the National Native Title Tribunal to assist with native title negotiations and agreements.
— 1994
The Commonwealth introduces the Native Title Act, which sets out the processes for native title claims and determinations.
— 1993
The High Court recognises native title and overturns the doctrine of terra nullius in
Mabo (No 2)
.
— 1992
The Aboriginal Land Act 1991 (Qld) and the Torres Strait Islander Land Act 1991 (Qld) create mechanisms for land to be granted in Queensland. The Acts recognise the spiritual, social, cultural and economic importance of land to Aboriginal and Torres Strait Islander people, and include aims to rectify past injustices.
— 1991
The Royal Commission into Aboriginal Deaths in Custody releases its findings and 339 recommendations.
— 1991
The Yunupingu and Rubuntja people present Prime Minister Bob Hawke with the
The Barunga Statement
, which calls for self-management and land rights for Aboriginal and Torres Strait Islander people.
— 1988
The High Court in Mabo No 1 finds that the Queensland Government’s legislative attempt to retrospectively extinguish native title rights was invalid as it was in conflict with the Racial Discrimination Act 1975.
— 1988
Uluru and Kata Tjuta are handed back to Anangu traditional owners.
— 1985

The Aboriginal Lands Rights Act 1983 (NSW) establishes Aboriginal Land Councils to acquire and manage lands.
— 1983
The High Court holds that the validity of the Crown’s assertion of sovereignty cannot be challenged in Coe v Commonwealth.
— 1979
Australia and Papua New Guinea sign the Torres Strait Treaty.
— 1978
The Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) establishes a regime for the grant of statutory land rights and the first Aboriginal Land Councils in Australia, the Central Land Council and the Northern Land Council.

Justice Toohey describes its purpose as: “to give standing, within the Anglo-Australian legal system, to a system of traditional ownership that has so far failed to gain recognition by the courts”.
— 1976
The Racial Discrimination Act criminalises discrimination on the basis of race, colour, descent and national or ethnic origin and holds that all persons have a legal right to equality before the law.
— 1975
The Whitlam Government announces the return of the lands of the Gurindji people following the Wave Hill Walk off.
— 1975
The Whitlam Government establishes the Woodward Royal Commission to identify appropriate ways to recognise Aboriginal land rights in the NT. The Northern and Central Land Councils form to assist with the work of the Royal Commission.
— 1973
The High Court recognises the rights of Papuans to their lands stating: “indigenous people were secure in their usufructuary title to land... [and] recognised a right in the Papuans to sell or surrender to Crown whatever right they had communally or individually in the land” in the case of Administration of the Territory of Papua and New Guinea v Daera Guba.
— 1973
The Commonwealth establishes the Department of Aboriginal Affairs.
— 1972
Aboriginal activists establish the Aboriginal Tent Embassy to protest against the government’s refusal to acknowledge land rights.
— 1972
The Supreme Court of the Northern Territory upholds the Privy Council’s decision in Cooper v Stuart (1889) in
Milirrpum v Nabalco Pty Ltd
, in a decision known as the Gove Case.
— 1971
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) enters into force. Under the Convention state parties commit to eliminating racial discrimination and to promoting racial equality.
— 1969
The 1967 Referendum amends the Constitution to include Aboriginal and Torres Strait Islander people in the census and give the Commonwealth the power to make laws for Aboriginal and Torres Strait Islander people.
— 1967
South Australia was the first state to transfer control of land to a body controlled by Aboriginal people under the Aboriginal Lands Trust Act 1966 (SA)
— 1966
Wave Hill Walk off
Vincent Lingiari leads the walk-off from Wave Hill Station in protest against poor working conditions and to demand the return of traditional lands.
— 1966
Yirrkala bark petitions
Yolngu leaders present the Yirrkala bark petitions to Parliament in protest against the seizure of Aboriginal land for mining.
— 1963
The Commonwealth Electoral Act is amended to give the vote to all Aboriginal and Torres Strait Islander people.
— 1962
The Commonwealth Nationality and Citizenship Act defines Australian citizenship to include Aboriginal and Torres Strait Islander people.
— 1948
Aboriginal pastoral workers commence the three year long Pilbara strike, demanding better pay and working conditions. Hundreds of workers walk out of more than 20 stations, affecting over 10,000 square kilometres of farming country.
— 1946
The High Court recognised that the people of Kila Kila possessed a communal usufructuary title to their land equivalent to full ownership which gave rise to an entitlement to compensation when they were compulsorily acquired by the crown in Geita Sebea v Territory of Papua.
— 1941
The High Court established that Aboriginal people charged with a crime were to be afforded a fair trial in Tuckiar and The King.
— 1934