ANTaR was formed in 1997 in response to the Howard government's 10-point plan to extinguish Native Title rights recognised by the High Court's Wik decision.

ANTaR believes that the Native Title Act and the Northern Territory Land Rights Act should be reformed to restore land justice for Indigenous people and the timely resolution of claims.

The existence of continuing Indigenous systems of land ownership, or "Native Title" was established in Australia's legal system by the High Court Mabo decision in 1992.

The downside for Indigenous people was that the Mabo decision also suggested that Native Title had been extinguished over large areas of Australia by Crown grants of freehold and possibly other tenures.

Nevertheless, Mabo required that the Commonwealth address the question of native title rights, particularly where these may be found to coexist with certain non-indigenous land tenures. The Government entered into negotiations with indigenous leaders and other affected stakeholders to find a legislative solution. These negotiations resulted in the Native Title Act 1993, the creation of an Indigenous Land Fund to help Indigenous people purchase that can't be claimed and the promise of a social justice package. Following the election of the Howard government, this social package was abandoned.

Recent key reports

Annual Native Title reports

Every year, the Human Rights & Equal Opportunity Commission (HREOC) publishes a Native Title report for federal parliament. You can download them from the HREOC website.

Summary: Native Title Amendment Act 1998

The 1998 Native Title Amendment Act has resulted in the further, unjustified extinguishment of native title and the winding back of significant Indigenous rights established through the negotiations over the original Native Title Act.

Summary: Wik

The Wik High Court case in 1996 clarified uncertainty around native title over pastoral leases. The process lead to amendments to the Native Title Act.

Summary: Mabo

The Mabo High Court case in 1992 established recognition of the existence of native title and of the possibility of co-existing native title and other crown tenures. The process resulted in the Native Title Act 1993.

All things considered — a range of opinions

To give you a complete picture about Native Title and land rights, here's a range of perspectives. The views expressed here are not necessarily those of ANTaR, but we think they should be considered and thoughtfully debated.

• Native Title reform a positive opportunity for all Victorians - ANTaR media release, 6 January 2009
• WA Premier shows his true colours on Native Title - ANTaR media release, 11 December 2008
• WA Minister throws a left hook at Native Title - ANTaR media release, 4 December 2008
• Noongar Native Title back to square one - ANTaR media release, 23 April 2008
• Permit system protects residents - David Ross, 22 January 2008
• After 12 years, title win state's biggest - Sydney Morning Herald, 29 November 2007
• Mabo legacy is still misunderstood - Noel Pearson, 27 June 2007
• Jenny Macklin speeks on the Aboriginal Land Rights (NT) (Township Leasing) Amendment Bill - 13 June 2007
• Aborigines losing responsibility for the land - The Australian, 24 April 2007
• Native Title Amendment Bill 2006 - Second Reading - Senator Andrew Bartlett (Australian Democrats) speaks on the Native Title Amendment Bill, 19 March 2007
• Native Title Tribunal disadvantages Indigenous Australians - Fiona Taylor (Griffith University), 25 February 2007
• Government seeks to wind back Native Title rights - Again - ANTaR media release, 13 February 2007
• Jenny Macklin speaks on the Native Title Amendment Bill - 12 February 2007

Has Native Title made a positive difference to Aboriginal and Torres Strait Islander people?

We encourage considered, respectful and where necessary provocative debate. Please feel welcome to have your say, and in turn allow others to have their say without responding in anger or distrust.

ANTaR reserves the right to delete any comment that contains offensive, defamatory or discriminatory content. If you feel any of these comments are of this nature, please please let us know!