Native Title and Land Rights in NSW
12th May, 2025
When buying property in New South Wales, it’s important to understand how native title and land rights may affect land use. These legal rights relate to Aboriginal peoples’ connection to land and can impact both public and private property.
What Is Native Title?
Native title recognises the traditional rights of Aboriginal and Torres Strait Islander peoples to land and waters. These rights come from longstanding customs and laws that existed before European settlement. They are protected under the Native Title Act 1993 (Cth).
Native title is different from standard property ownership. It may include rights to hunt, fish, hold ceremonies, or access land. Sometimes native title exists alongside other land interests, but in some cases, it may take priority.
What Is Crown Land?
Crown land is public land owned by the state government. It includes parks, reserves, and unallocated areas. In NSW, much Crown land remains subject to Aboriginal land claims or native title.
What Are Aboriginal Land Rights?
Land rights are different from native title. They are granted under the Aboriginal Land Rights Act 1983 (NSW). Aboriginal Land Councils can claim unused Crown land for cultural or economic purposes. These claims are processed by the NSW Government.
For purchasers, this means some land may be under claim, or already transferred, even if it looks unused.
Why This Matters for Buyers
If land is affected by native title or a land rights claim, it may limit what you can do with it. For example, you may need permission to develop or clear the land. In some cases, you might need to negotiate an agreement with native title holders.
Banks may also be cautious when lending against land with unresolved claims.
How a Conveyancer Can Help
A licensed conveyancer plays a key role in the process:
- They check if the property is affected by native title or land claims.
- They review legal documents and ensure full disclosure by the seller.
- They may assist in reviewing Indigenous Land Use Agreements (ILUAs).
- They ensure your contract protects you from future disputes.
- They help you comply with relevant state and federal laws.
What You Should Do
Before buying a property, it’s important to carry out appropriate due diligence, particularly if the land is Crown land or in a region where Native Title may be relevant. Consider the following steps:
- Conduct a Native Title search through the National Native Title Tribunal.
- Check for any existing land claims or Indigenous Land Use Agreements (ILUAs).
- Ask your conveyancer to include clauses in the contract that address any Native Title matters, where relevant.
- Confirm that your development plans are consistent with applicable land use laws and any potential Native Title interests.
At Bangalow Conveyancing, we guide clients through all stages of property transactions. We check for native title, land claims, and ensure your rights are secure. Our team makes the process clear and stress-free. Contact us today to get started.
Learn more about Aboriginal Land Claims in NSW on Crown Land website.
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