Understand Aboriginal land rights in Australia

Several thousand marchers celebrate the 50th anniversary Wave Hill Walk-off in Kalkarindji on Friday August 19, 2016. On August 22 1966 Vincent Lingiari led several hundred Gurindji people off Wave Hill Station in a protest to gain fair wages, which morphed into the battle for land rights, which took nine years to eventuate. Credit: AAP Image/Neda Vanovac

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You may hear the protest chant, “what do we want? Land rights!” —but what does it really mean? Land is at the heart of Aboriginal and Torres Strait Islander identity, culture, and wellbeing. Known as “Country,” it includes land, waterways, skies, and all living things. In this episode of Australia Explained, we explore Indigenous land rights—what they involve, which land is covered, who can make claims, and the impact on First Nations communities.

Key Points

Land rights return certain areas of Crown land — not private property — to Aboriginal and Torres Strait Islander communities for cultural, social, and economic benefit.
Land rights, native title, and treaty are different legal and political processes, but all aim to recognise First Nations peoples’ connection to Country and support self-determination.
The movement began with events like the 1966 Wave Hill Walk-Off, leading to landmark laws such as the Aboriginal Land Rights (Northern Territory) Act 1976, with progress still ongoing today.

What are Aboriginal land rights in Australia?
How did the Aboriginal land rights movement begin?
What does Aboriginal land rights cover?
What is the difference between Aboriginal land rights, native title and treaty?
Why do Aboriginal land rights matter today?
A local example: Darkinjung Aboriginal Land Council
What are the challenges ahead for Aboriginal land rights?
Why Indigenous land rights matter for all Australians?

What are Aboriginal land rights in Australia?

For many years, the connection Aboriginal and Torres Strait Islander peoples have to their land wasn’t recognised. Land rights laws were created to give them legal control over their traditional lands.

Before colonisation, Aboriginal and Torres Strait Islander peoples cared for the land for tens of thousands of years.

But colonisation took that land without any agreement, based on the false idea of terra nullius — meaning “land belonging to no one.”

Gough Whitlam, Wave Hill Walk Off, Vincent Lingiari

Prime Minister Gough Whitlam symbolically returning land to the Gurindji people on 16 August 1975, an act famously represented by Whitlam pouring sand into Vincent Lingiari's hand. Source: AAP

How did Aboriginal land rights begin?

The modern land rights movement began in 1966 with the Wave Hill Walk-Off — a strike by Gurindji stockmen and their families in the Northern Territory. This protest highlighted both poor working conditions and the demand for the return of traditional lands.

In 1967, a national referendum gave the Australian Government the power to make laws for Aboriginal and Torres Strait Islander peoples. This paved the way for the Aboriginal Land Rights (Northern Territory) Act 1976 — the first law to formally recognise traditional land claims.

Some states and territories have their own land rights legislation, but Australia does not yet have a single national land rights law.

The history and legacy of the Wave Hill walk-off

What does Aboriginal land rights cover?

Land rights apply only to government-owned land — known as Crown land — not private property. The land returned cannot be sold or mortgaged. Instead, it is held in trust so that First Nations communities can care for it and make decisions about it.

Land councils were set up to represent Aboriginal and Torres Strait Islander peoples and to help manage land that has been returned. These councils support communities in using the land for cultural, social, environmental, and economic purposes.

Explainer: The '67 Referendum

What is the difference between Aboriginal land rights, native title and treaty?

Although often discussed together, these terms mean different things:

Land rights: Laws created by governments that return certain areas of Crown land to Aboriginal and Torres Strait Islander peoples, usually managed by land councils.
Native title: Legal recognition that some First Nations people still hold rights to their land and waters under their traditional laws and customs.
Treaty: A formal agreement between governments and First Nations peoples. Countries like New Zealand and Canada have treaties, but Australia does not yet have a national treaty.

Together, these approaches aim to deliver justice, recognition, and self-determination for First Nations peoples.

The Wave Hill walk-off, led by Vincent Lingiari, was a pivotal moment in Australian Aboriginal land rights history. In 1966, Gurindji stockmen, domestic workers, and their families walked off Wave Hill Station in protest against poor working conditions and a lack of land rights. Credit: National Museum Australia

Why do Aboriginal land rights matter today?

Returning land helps communities reconnect with their language, culture, and Country. It also supports housing, health, education, and economic independence.

Dr Virginia Marshall, a Wiradjuri Nyemba woman and water rights expert, explains the difference in perspective:

“The water speaks to us or the trees speak to us, but we don't need to take on a Western environmental ideology… Our law and our creation stories guide our understanding.”

Land rights are not about taking away someone’s home or backyard. They focus on returning specific areas of Crown land where there is a recognised historical or cultural connection.

The law of the land standing firm for this year's Garma

A local example: Darkinjung Land Council

The Darkinjung Local Aboriginal Land Council, created under the New South Wales Aboriginal Land Rights Act, shows the potential of land rights in action.

Uncle Barry Duncan, a Gomeroi man and one of the founders, recalls how it started in 1983 in his parents’ backyard:

“It brought this community together. It was a way of getting land invested back into Aboriginal ownership.”

Over the years, Darkinjung has helped build economic opportunities and strengthen community decision-making.

Uncle Barry reflects: “Now people know… we were very wise and smart with the land holdings.”

Vincent Lingiari beside a plaque marking the handing over of the lease in Wattie Creek, 1975. Credit: National Museum Australia

What are the challenges ahead for Aboriginal land right?

The land rights process can be complex and slow. Only a limited amount of land is available for return, and some claims face legal or political barriers.

Despite these challenges, land rights remain an important part of Australia’s path toward reconciliation, justice, and recognition of First Nations sovereignty.

Why Indigenous land rights matter for all Australians?

For people new to Australia, learning about land rights is a way to connect with the deeper history of the country. It’s not about losing land — it’s about recognising and restoring one of the world’s oldest living relationships between people and land.

This connection has existed for more than 60,000 years — and continues today.

Understanding Indigenous knowledge of weather and seasons

The impacts of First Nations tourism

Subscribe to or follow the Australia Explained podcast for more valuable information and tips about settling into your new life in Australia.   

Do you have any questions or topic ideas? Send us an email to australiaexplained@sbs.com.au 

Transcript

Presenter 1

SBS acknowledges the Traditional Custodians of Country and their connections and continuous care for the skies, lands and waterways across Australia.

Presenter 2

You're listening to Australia Explained, an SBS audio podcast helping you navigate life in Australia.

Nakayh Hutchings

Yama, I'm Nakayh Hutchings, a Wanneroo Rongai woman from central west New South Wales, and joining you today from Cammraygal country in Sydney. Welcome to this special episode of Australia Explained, where we explore indigenous land rights. You may hear the protest chants, what do we want, land rights. But what does it really mean? Land is at the heart of Aboriginal and Torres Strait Islander identity, culture, and well-being. Known as country, it includes land, waterways, skies, and all living things. In this episode of Australia Explained, we explore indigenous land rights, what they involve, which land is covered, who can make claims, and the impact on First Nations communities. For many years, the connection Aboriginal and Torres Strait Islander peoples have to their land wasn't recognised. Land rights laws were created to give them legal control over their traditional lands. Before colonisation, Aboriginal and Torres Strait Islander peoples cared for the land for tens of thousands of years. But colonisation took that land without any agreement based on the false idea of terra nullius, meaning land belonging to no one. The land rights movement gained attention in 1966 with the Wave Hill walk off. Then in 1967, a national referendum allowed the government to make laws for First Nations people. In 1976, the Aboriginal Land Rights Northern Territory Act was passed, the first law to recognise traditional land claims. While some states have their own land rights, Australia doesn't have a national law yet. This also led to the establishment of land councils to represent Aboriginal and Torres Strait Islander peoples and help manage land that's being returned to them. Land rights only apply to government owned crown land, not private property, and it can't be sold or mortgaged. It's held in trust so First Nations people can care for their country and make decisions about it. In discussing First Nations decision making, Dr. Virginia Marshall, a Wiradjuri Nyemba woman and water rights expert, explains the deep significance of the connections that First Nations people have with the land and water.

Dr. Virginia Marshall

The water speaks to us, or the, or the trees speak to us, but we don't need to take on a Western environmental, um, ideology and dialogue that isn't. Based in our understanding and our law and our understanding of our creation stories.

Nakayh Hutchings

So, let's breakdown something that can be a bit confusing. Land rights, native title, and treaty. They're often talked about together, but they each mean different things. Land rights are laws made by the government that return certain areas of land to Aboriginal and Torres Strait Islander communities. These lands are usually managed through land councils which represent and support the communities. Then there's native title. That's a legal recognition that some First Nations people still have rights to their land and waters based off their traditional laws and customs, customs that have been maintained for thousands of years. And finally, treaty. A treaty is a formal agreement between governments and First Nations peoples. It's something countries like New Zealand and Canada already have, but here in Australia, we're still working toward one. There's no national treaty, at least not yet. Together, these approaches aim to deliver justice, recognition and real change. Restoring land allows communities to reconnect with language, culture, and country. And it also supports things like housing, health, and economic independence. Dr Marshall explains the significance.

Dr. Virginia Marshall

We need to be self-determining whether it's leading a committee, leading research, leading new ideas, forging new opportunities and partnerships in technology, um, you know, and also health.

Nakayh Hutchings

The real life impact of land rights has been profound. The The Darkinjung Local Aboriginal Land Council, founded under the New South Wales Aboriginal Land Rights Act, has become a powerful example of what land rights can achieve. Uncle Barry Duncan, a a Gomeroi man, was one of the original founders of Darkinjung, which was incorporated in his parents' backyard in 1983.

Uncle Barry Duncan

What it means for me is that brought this community together. It was a way of getting land invested back into Aboriginal ownership.

Nakayh Hutchings

over his lifetime, Uncle Barry has seen how land. Rights have enabled economic empowerment and self-determination for his community on the central coast of New South Wales. Uncle Barry explains.

Uncle Barry Duncan

I think that the future now, is that when the original land rights got handed down, there was a lot of talk from non-Aboriginal people about how we are going to take their backyards, and claim really stuff that was said about us that was a lot of detriment, but now people know, I think in this generation, that we were very wise and smart with the land holdings.

Nakayh Hutchings

It's important to understand that giving indigenous people land rights doesn't mean taking away people's homes or backyards. Land rights apply to specific areas of crown land, government owned land, not private property.

Nakayh Hutchings

It's about returning land to First Nations communities where there is a recognised connection, often through historical occupation or cultural significance. Despite progress, challenges remain. The process can be slow and complex, and only limited land is available. Land rights are closely tied to broader efforts for justice, reconciliation and recognition of First Nation sovereignty. For those new to Australia, understanding land rights is a powerful step toward connecting with the country's deeper story. It's not about losing land, it's about recognising and restoring a connection that has existed for over 60,000 years between First Nations people and the land. Thank you for listening to this episode of Australia Explained, written and hosted by me, Nakayh Hutchings, and Australia Explained managing editor, Rosa Germian.

Presenter 2

This was an SBS audio podcast. For more Australia explained stories, visit sbs.com.au/australiaexplained.

Maram Ismail

Subscribe or follow the Australia Explained podcast for more valuable information and tips about settling into your new life in Australia. Do you have any questions or topic ideas, send us an email to australiaexplained@sbs.com.au.

END OF TRANSCRIPT