An approved determination of native title is made by way of an order of the court pursuant to ss 86, 87 or 87A of the NTA or s 23 of the Federal Court of Australia Act 1976 (Cth). The determination order details whether or not native title exists, and, if native title does exist:
(a) who holds the native title;
(b) the nature and extent of the native title rights and interests;
(c) the nature and extent of other interests in the determination area;
(d) the relationship between the different rights and interests in the determiation area; and
(e) the extent to which native title is held to the exclusion of others (s 225 of the NTA).
"Determination outcomes" are extracted from the determination order to broadly categorise the land and waters of the determination area where:
(a) native title does not exist;
(b) native title exists to the exclusion of all others (exclusive);
(c) native title exists but not to the exclusion of all others (non-exclusive); and
(d) native title has been extinguished (extinguished).
Note: Areas depicted in this dataset as “Native title extinguished” are outside of the area subject to the determination. These areas have generally been mentioned in the determination as either:
• having native title extinguished, and/or
• being areas that are excluded from the application, and/or
• not included in the determination area.