Under the Native Title Act 1993 (Cth), native title can only be recognised over lands and waters where it has not previously been extinguished. However, sections 47, 47A, 47B and 47C are beneficial provisions which provide that previous extinguishment can be disregarded, in certain circumstances, over certain land tenures. These are important provisions of the Native Title Act 1993 (Cth) which can allow claim groups to achieve recognition of native title over significant areas of country.

For sections 47A and 47B to apply, a native title claim group must establish that a member of the claim group ‘occupied’ the relevant area of land at the date the native title determination application is made. ‘Occupation’ has a certain meaning in the native title law context. Our guide to occupation evidence aims to assist practitioners in understanding and taking occupation evidence, by highlighting key legal, ethical and strategic considerations.

Our guide is available here.

This document is intended as a general guide only and does not constitute legal advice.