Registration, recording and noting of native title in Australia

The native title registration system is not title based which means that it is difficult to ascertain how native title relates to other interests in the same land and waters. The land title and native title details are not updated in the National Native Title Register or the Register of Indigenous Land Use Agreements when changes occur altering registered information.  Conclusiveness, certainty and currency is lacking. The aim of the thesis is to demonstrate that the States and Territories could record native title in land determined to exist in their Torrens Title systems. The States and Territories could also develop an additional section, layer or register for the registers established pursuant to State and Territory inland water legislation in which to register or record native title existing in inland water. These measures would supplement the current native title registration system.

In addition, Australia does not currently have a comprehensive registration system involving the sea and marine interests existing therein. A marine register and three dimensional conclusive cadastre to include native title is required for environmental protection, planning and save-guarding endangered marine species and environments vital to the exercise of native title.