Whats the difference between Native Title and Land Rights?
Land rights are not the same thing as native title. As outlined in FAQ 4 above, native title is about recognising Indigenous peoples’ continuing connection to their land and waters in accordance with their own traditional laws and customs. Native Title is not a grant created through legislation but exists alongside Australian common law. As such, native title pre-exists the Crown and survives colonisation where Indigenous people have maintained a continuous connection with their country and where their native title has not been extinguished by an act of government (such as the granting of freehold title). Land rights are those granted by the government and are based on the assumption that the Crown holds legitimate title to land, which it then passes on to another party. Land rights are granted at the state or territory level, and are comparable to freehold and leasehold titles that also flow from the Crown. For example, a land rights grant may cover Crown land or national park, tradit
