An Act about native title in relation to land or
waters, and for related purposes
Preamble
This preamble sets out considerations taken into account by the Parliament
of Australia in enacting the law that follows.
The people whose descendants are now known as Aboriginal peoples and
Torres Strait Islanders were the inhabitants of Australia before European
settlement.
They have been progressively dispossessed of their lands. This dispossession
occurred largely without compensation, and successive governments have failed
to reach a lasting and equitable agreement with Aboriginal peoples and Torres
Strait Islanders concerning the use of their lands.
As a consequence, Aboriginal peoples and Torres Strait Islanders have
become, as a group, the most disadvantaged in Australian society.
The people of Australia voted overwhelmingly to amend the Constitution so
that the Parliament of Australia would be able to make special laws for peoples
of the aboriginal race.
The Australian Government has acted to protect the rights of all of its
citizens, and in particular its indigenous peoples, by recognising international
standards for the protection of universal human rights and fundamental
freedoms through:
(a) the ratification of the International Convention on the Elimination of
All Forms of Racial Discrimination and other standard-setting
instruments such as the International Covenants on Economic, Social
and Cultural Rights and on Civil and Political Rights; and
(b) the acceptance of the Universal Declaration of Human Rights; and
(c) the enactment of legislation such as the Racial Discrimination Act 1975
and the Australian Human Rights Commission Act 1986.
The High Court has:
(a) rejected the doctrine that Australia was terra nullius (land belonging to
no-one) at the time of European settlement; and
Compilation No. 47
Native Title Act 1993
1
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021