Native title

Native title describes the rights and interests of Aboriginal and Torres Strait Islander people in land and waters, according to their traditional laws and customs.

As a common law right, native title may exist over areas of Crown land or waters, irrespective of whether there are any native title claims or determinations in the area.

The department is not responsible for the negotiation of native title rights but is committed to managing Crown land consistently with the Commonwealth Native Title Act 1993 and is a fundamental consideration when assessing applications for Crown land tenure or permitting any activity on Crown land.

For more information about native title, visit National Native Title Tribunal.

Aboriginal Heritage

The South Australian Aboriginal Heritage Act 1988 (SA) is the statutory protection and preservation of Aboriginal Heritage and is separate to native title.

Aboriginal Heritage rights applies to all lands and waters within South Australia, not just Crown lands.

It's an offence to damage, disturb or interfere with any Aboriginal site, damage any Aboriginal object or damage or interfere with or remove any Aboriginal object or remains.

For further information visit the Department of the Premier and Cabinet Aboriginal Affairs and Reconciliation.