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Such agreements are resolved through negotiation, and recognition of traditional ownership and various other land rights in land may be achieved without an actual native title determination. Examples of such arrangements are the Indigenous land use agreement or, in Victoria, a settlement under the Traditional Owner Settlement Act 2010 (TOSA). [75]
The distinction between traditional custodians and traditional owners is made by some, but not all, First Nations Australians. [49] [50] On one hand, Yuwibara man Philip Kemp states that he would "prefer to be identified as a Traditional Custodian and not a Traditional Owner as I do not own the land but I care for the land."
The Wurundjeri Tribe Land and Compensation Cultural Heritage Council was established in 1985 by descendants of the Wurundjeri people, who are the traditional custodians of the country around Melbourne. There were three family groups represented in the Council: the Nevins, Terricks and Wandins, which included 30 elders and about 60 members. [1]
The Act prescribes how the land councils and land trusts may grant usage rights and access, but in some circumstances a federal or NT Minister's approval is also required. Income received for the use of the land is distributed by the land councils according to the agreements with the traditional owners and as the Act provides.
The land titles may recognise traditional interest in the land and protect those interests by giving Aboriginal people legal ownership of that land. Also, according to the National Native Title Tribunal : "A successful land rights claim usually results in a special grant of freehold title or perpetual lease.
Indigenous treaties in Australia are proposed binding legal agreements between Australian governments and Australian First Nations (or other similar groups). A treaty could (amongst other things) recognise First Nations as distinct political communities, acknowledge Indigenous Sovereignty, set out mutually recognised rights and responsibilities or provide for some degree of self-government. [1]