Land and Water Rights

Land and water rights may be created and granted to Aboriginal and/or Torres Strait Islander people in Australia by Commonwealth, State and Territory governments. The rights granted vary and may include freehold title, leases, management of land and waters and access to traditional sites, royalties or compensation.

Each jurisdiction has separate laws, policies and claim processes. ATNS has more information about land rights legislation in each jurisdiction and more detail about water management and rights.

Land and water rights vs native title

Land and water rights are separate and distinct from native title rights and interests.

Native title rights and interests cannot be created or granted by governments. These rights and interests existed prior to the colonisation of Australia and are a form of ongoing connection to Country.

The High Court first recognised native title rights and interests in Mabo v Queensland [No 2] (1992) 175 CLR 1.