In Australia, native title is legal recognition of First Nations peoples’ rights and interests in land and waters according to their traditional laws and customs.
These rights were formally recognised in the Australian legal system following the historic Mabo decision in 1992 and are governed by the Native Title Act 1993.
Native Title determinations are made by the Federal Court of Australia. For native title to be recognised, the laws and customs of First Nations peoples must be acknowledged and observed in a ‘substantially uninterrupted’ way from pre-colonisation to present.
Since the historic 1992 Mabo decision, 288 Prescribed Body Corporates (PBCs) have been established. A PBC is an Indigenous corporation established under the Native Title Act 1993 to hold and manage native title rights and interests on behalf of Traditional Owners after a positive court determination.