A "determination of native title" is a decision on whether native title exists in relation to a particular area of land or waters (s 225 of the NTA). Determinations of native title can be made by agreement (consent determination), without opposition (unopposed determination) or following a trial (litigated determination). An "approved determination of native title" is a determination of native title made by the Federal Court of Australia, the High Court of Australia, or a recognised State/Territory body within its jurisdictional limits (s 13 of the NTA). Only approved determinations of native title are recorded on the National Native Title Register (s 193 of the NTA). Note: This dataset also includes representations of determinations of native title that have not yet been entered on the National Native Title Register.

An "indigenous land use agreement" (ILUA) is a voluntary, legally binding agreement about the use and management of land or waters, made between one or more native title groups and non-native title interest holders in the ILUA area (such as grantee parties, pastoralists or governments).

This dataset contains the external spatial extent of all Native Title Applications within Western Australia that have been registered with the National Native Title Tribunal (NNTT). This dataset is a spatial depiction of the second stage of the Native Title process. NNTT applies a registration test to all filed/lodged applications and if the application passes that test, the application is captured in this dataset. © Western Australian Land Information Authority (Landgate). Use of Landgate data is subject to Personal Use License terms and conditions unless otherwise authorised under approved License terms and conditions.

Determinations of Native Title (as per s. 192 NTA – National Native Title Register)

An approved determination of native title is made by way of an order of the court pursuant to ss 86, 87 or 87A of the NTA or s 23 of the Federal Court of Australia Act 1976 (Cth). The determination order details whether or not native title exists, and, if native title does exist: (a) who holds the native title; (b) the nature and extent of the native title rights and interests; (c) the nature and extent of other interests in the determination area; (d) the relationship between the different rights and interests in the determiation area; and (e) the extent to which native title is held to the exclusion of others (s 225 of the NTA). "Determination outcomes" are extracted from the determination order to broadly categorise the land and waters of the determination area where: (a) native title does not exist; (b) native title exists to the exclusion of all others (exclusive); (c) native title exists but not to the exclusion of all others (non-exclusive); and (d) native title has been extinguished (extinguished). Note: Areas depicted in this dataset as “Native title extinguished” are outside of the area subject to the determination. These areas have generally been mentioned in the determination as either: • having native title extinguished, and/or • being areas that are excluded from the application, and/or • not included in the determination area.

A "representative Aboriginal/Torres Strait Islander body" (RATSIB) is a body recognised by the Commonwealth under s 203AD of the NTA to represent native title holders and persons who may hold native title and to consult with Aboriginal and Torres Strait Islander persons within a specified area. A RATSIBs statutory functions are detailed in Part 11 Division 3 of the NTA and include: (a) facilitation and assistance to prepare and progress native title applications and negotiation of future act processes; (b) certification of native title applications and applications for registration of an ILUA; (c) resolution of disputes between constituents; (d) notification to persons who hold or may hold native title in the area of notices that relate to land and water in the RATSIB area; and (e) agreement making to be a party to ILUAs as appropriate in its specified area.

The Register of Native Title Claims is kept by the Native Title Registrar pursuant to s 185 of the NTA to hold information on claimant applications that have satisfied the registration requirements set out in ss 190B and 190C of the NTA. Native title claimants whose applications have been accepted for registration are afforded a number of procedural rights in relation to future acts that affect native title including the right to negotiate, the right to be notified, the right to comment, the right to request consultation, or the right to object as prescribed under the NTA.

Determination area showing categorisation of the existence or otherwise of native title for portions of the area. The native title outcomes depicted include: Native Title exists (exclusive), Native Title exists (non-exclusive), Native Title does not exist and Native Title extinguished. The areas shown according to this classification are based on the best information available to the Tribunal at the date of determination, and should be considered indicative only. The Tribunal is not able to map all native title outcome areas included in determinations.

This resource is a map of Custodial geospatial data held by the National Native Title Register of Native Title Claims is kept by the Native Title Registrar pursuant to s 185 of the NTA to hold information on claimant applications that have satisfied the registration requirements set out in ss 190B and 190C of the NTA. Native title claimants whose applications have been accepted for registration are afforded a number of procedural rights in relation to future acts that affect native title including the right to negotiate, the right to be notified, the right to comment, the right to request consultation, or the right to object as prescribed under the NTA. Provides a spatial representation of native title matters, related to custodial statutory functions associated with Registers in support of the Native Title Act 1993.

Resolve 80% of native title claims by 2020.