The Native Title Act 1993 (Cth)

In response to Mabo v the State of Queensland (No. 2), the Commonwealth Government enacted the Native Title Act 1993 (Cth) (NTA) with the aim of recognising and protecting native title rights while ensuring a workable, secure and effective system of dealing with land. The NTA also worked to resolve the retrospective effects of native title, which had the potential to invalidate certain land titles including pastoral leases.

In response to the High Court's decision in Wik, which held that Indigenous rights to land could co-exist with certain property rights, controversial amendments to the NTA were passed in the Native Title Amendment Act 1998 (Cth) (NTAA). While the amendments generally worked to limit the scope of native title, other amendments emphasised agreement making over litigation as the preferred method of resolving a wide range of native title issues.

Read more about the NTA and the NTAA.