Native title

The High Court and the federal Native Title Act 1993 (NTA) (external link) established that Native Title may exist in relation to State land – except where there are or have been certain Acts or tenures recognised by the NTA as having extinguished Native Title.

In addition, section 104 of the Land Administration Act 1997 (external link) secures a right to the State’s Aboriginal inhabitants to have access over unfenced, unimproved parts of pastoral leases for traditional hunting.

Aboriginal parties therefore have special rights to use unallocated State land for traditional purposes, except to the degree restricted by any valid law.

Titles (Validation) and Native Title (Effects of Past Acts) Act 1995

Under the Commonwealth Native Title Act 1993 (external link), the State of Western Australia was able to pass its Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (external link) which validate acts which occurred under the Land Act 1933 between 1 January 1994 - 23 December 1996.

The following lists provides information on:

• grants of freehold title;

• grants of leases, licences and easements; and 

• the creation, vesting or amendments to reserves,

which occurred under the Land Act 1933 between 1 January 1994 - 23 December 1996.