Indigenous land in Australia: A quantitative assessment of Indigenous landholdings in 2000

Abstract

This paper estimates the area of land held by Indigenous people in Australia in 2000. It details the legislation and programs that have lead to the accrual of land for Indigenous people in Australia since the concept of Indigenous ownership of land under Australian law, rather than the allocation of reserve lands, was first addressed in the mid 1960s. It is based on a literature review and data provided by a variety of government agencies and Indigenous organisations around Australia. Using this information, the paper estimates that Indigenous Australians either own, control or have management arrangements over land in the range of 16 to 18 per cent of the Australian continent. The lower range is based on reliable data whereas the higher range is speculative due to the fact that the aggregated area of many small landholdings has never been quantified.

As the paper demonstrates, the types of tenures held by Indigenous Australians differ from jurisdiction to jurisdiction and within jurisdictions. This is a result not only of the federal system of government in Australia, where land management and administration is the role of the State or Territory governments, but also a product of different priorities and objectives set by Federal, State and Territory governments in addressing Indigenous peoples' aspirations for land. In some States and Territories, land rights regimes exist for lands to be claimed across the entire jurisdiction, while in other States and Territories land rights legislation is limited to the grant of specific parcels of land. The plethora of programs, statutes and government agencies involved in dealing with Indigenous land over the past decades has meant that, across Australia today, there is extreme diversity in the types of ownership, beneficiaries, tenures, property rights and governance structures available to Indigenous people.