Socio-economic outcome area 15

Aboriginal and Torres Strait Islander people maintain a distinctive cultural, spiritual, physical and economic relationship with their land and waters

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Target 15A

By 2030, a 15% increase in Australia’s land mass subject to Aboriginal and Torres Strait Islander people’s legal rights or interests.

Target 15B

By 2030, a 15% increase in areas covered by Aboriginal and Torres Strait Islander people’s legal rights or interests in the sea.

As at 30 June 2023, 4,213,978 square kilometres of the land mass of Australia and 113,461 square kilometres of the sea country of Australia were subject to Aboriginal and Torres Strait Islander people’s rights or interests (figure CtG15.1).

Nationally, based on progress from the baseline, both the land mass target and sea mass target show good improvement and are on track to be met. However, these assessments should be used with caution as they are based on a limited number of data points. Please refer to the How to interpret the data page for more information.

The state and territory assessments below reflect progress from the baseline (improvement, worsening or no change). There are no state and territory targets. The Australia assessment reflects progress from the baseline towards the national target.

Land massNSWVicQldWASATasACTNTAust
Assessment of progress 2020 to 2023ImprovementImprovementImprovementImprovementImprovementNo changeNo changeImprovementGood improvement and target on track to be met
Sea countryNSWVicQldWASATasACTNTAus GovAust
Assessment of progress 2020 to 2023No changeImprovementImprovementImprovementImprovementNo changeNot applicable as required data not availableImprovementImprovementGood improvement and target on track to be met

right arrow improvement rectangle no change left arrow worsening not applicable as required data not available. tick good improvement and target on track to be met (Aust only). circle improvement but target not on track to be met (Aust only).

Note: These assessments of progress should be used with caution as they are based on a limited number of data points.

Historical and ongoing target context

The intrinsic relationship between Aboriginal and Torres Strait Islander people and ancestral lands and waters forms the bedrock of their cultures, livelihoods, and social fabric (Hartwig et al. 2021; Lowitja Institute 2020). This connection to Country is profound and spiritual; it transcends mere land ownership and serves as a vital source of resilience and wellbeing, which encompasses physical, social, emotional, cultural and ecological dimensions (Dudgeon et al. 2020; Schultz et al. 2018; Zubrick et al. 2014).

Colonisation and subsequent government policies of dispossession and alienation from traditional lands has prevented Aboriginal and Torres Strait Islander communities from practicing culture on Country (Butler et al. 2019). This includes participating in traditional ceremonies, language preservation activities, and environmental management, which have contributed to poorer health and wellbeing (Ganesharajah 2009; Zubrick et al. 2014).

Native title determinations and land claims have emerged as a result of a campaign of strength and determination from the Aboriginal and Torres Strait Islander community for greater rights. These rights reflect a step towards greater recognition and protection of the traditional systems of law, ownership and customs over lands and waters of Aboriginal and Torres Strait Islander people (ANTAR 2022; Central Land Council nd).

Other factors that support and safeguard Aboriginal and Torres Strait Islander cultural, spiritual, physical and economic relationships with their land and waters include:

  • Upholding the connection to Country through ownership and management of land and water titles. This is vital to cultural participation and wellbeing and involves the preservation of cultural practices, languages and environmental stewardship (AHRC 2020; Lowitja Institute 2020).
  • Incorporating traditional knowledge into environmental management to promote sustainable land and water management practices, acknowledging its intrinsic value in caring for Country (Barber and Jackson 2017; Lowitja Institute 2020).
  • Facilitating economic opportunities that empower Aboriginal and Torres Strait Islander communities, such as creating Indigenous Land Use Agreements (ALGA nd; ATNS nd).

References

AHRC 2020, Wiyi Yani U Thangani (Women’s Voices) Securing Our Rights, Securing Our Future Report .

ALGA nd, Developing Indigenous land use agreements - a guide for local government , http://www.nntt.gov.au/ (accessed 27 February 2024).

ANTAR 2022, Native Title Act Factsheet .

ATNS nd, Economic development and native title , Agreements, Treaties and Negotiated Settlements, https://www.atns.net.au/economic-development (accessed 27 February 2024).

Butler, T, Anderson, K, Garvey, G, Cunningham, J, Ratcliffe, J, Tong, A, Whop, L, Cass, A, Dickson, M, and Howard, K 2019 ‘Aboriginal and Torres Strait Islander People’s Domains of Wellbeing: A Comprehensive Literature Review’, Social Science & Medicine 233 (July 2019): 138–57. https://doi.org/10.1016/j.socscimed.2019.06.004

Central Land Council nd, Native title , https://www.clc.org.au/native-title (accessed 26 February 2024).

Dudgeon, P, Bray, A, Darlaston-Jones, D and Walker, R 2020, Aboriginal Participatory Action Research: An Indigenous Research Methodology Strengthening Decolonisation and Social and Emotional Wellbeing , Lowitja Institute.

Ganesharajah, C 2009, Indigenous health and wellbeing: the importance of country , Native Title Research Unit, Australian Institute for Aboriginal and Torres Strait Islander Studies, Acton, A.C.T.

Hartwig, LD, Jackson, S, Markham, F and Osborne, N 2021, ‘Water colonialism and Indigenous water justice in south-eastern Australia’, International Journal of Water Resources Development , pp. 1–34.

Lowitja Institute 2020, We nurture our culture for our future, and our culture nurtures us , 19 March, Australian Human Rights Commission.

Schultz, R, Abbott, T, Yamaguchi, J and Cairney, S 2018, ‘Indigenous land management as primary health care: qualitative analysis from the Interplay research project in remote Australia’, BMC Health Services Research , vol. 18, no. 1, p. 960.

Zubrick, SR, Shepherd, CC, Dudgeon, P, Gee, G, Paradies, Y, Scrine, C and Walker, R 2014, ‘Social Determinants of Social and Emotional Wellbeing’, Working Together .

Target data specifications

Target 15: Increase legal rights and interests in the land and waters

Outcome:

Aboriginal and Torres Strait Islander people maintain a distinctive cultural, spiritual, physical and economic relationship with their land and waters.

Target:

By 2030, a 15% increase in:

  • Australia’s land mass subject to Aboriginal and Torres Strait Islander people’s legal rights or interests (Target 15A)
  • Australia’s sea waters subject to Aboriginal and Torres Strait Islander people’s legal rights or interests (Target 15B).

Indicator:

Area of Australian land mass and sea waters that is subject to Aboriginal and Torres Strait Islander people’s legal rights or interests.

Measure:

This measure is defined as:

A: Land mass subject to Aboriginal and Torres Strait Islander people’s legal rights or interests, at 30 June

B: Sea Country subject to Aboriginal and Torres Strait Islander people’s legal rights or interests, at 30 June.

Target established:

National Agreement on Closing the Gap July 2020

Latest dashboard update:

6 March 2024

Indicator type:

Target

Interpretation of change:

A high or increasing area is desirable.

Data source(s):

Name: Native Title Determinations Outcomes; Indigenous estate

Frequency: Annual (revised data for 2020 in the March 2023 Dashboard update).

Documentation (links): http://www.nntt.gov.au

Data provider:

Provider name: National Native Title Tribunal (land and sea native title)

Provider area: Native Title

Baseline year:

2020

Latest reporting period:

2022

Target year:

2030 (at 30 June)

Disaggregations:

State and territory and Australia.

Support measure provided on native title as proportion of jurisdiction’s land – state, territory and Australia.

Computation:

Counting rules

Land area

Land under Aboriginal and Torres Strait Islander legal rights or interests includes:

  • Determinations of native title – land subject to a determination that native title exists exclusive or non-exclusive
  • Indigenous estate – land grants under various land rights regimes of the states and territories and the Commonwealth.

Land area is in square kilometres (sq km) and has been calculated using GDA2020 (EPSG 7844). Pre‑2016 areas are calculated using Australian Albers projection (EPSG 3577).

Proportion of land area is based on jurisdiction area sourced from Geoscience Australia (1993). (http://www.ga.gov.au/scientific-topics/national-location-information/dimensions/area-of-australia-states-and-territories).

Data for the Australian Capital Territory includes Jervis Bay.

Sea area

Sea area is in square kilometres (sq km) and is based on approximate jurisdiction areas sourced from maritime boundaries spatial data, Geoscience Australia 2006 (AMB 6th Edition).

Commonwealth jurisdiction area only consists of that area from the 3NM Limit out to the Exclusive Economic Zone surrounding the mainland states and territories. It does not include the area surrounding the islands of McDonald and Heard, Christmas, Macquarie, Norfolk, Cocos (Keeling) or the Australian Antarctic Territory.

Data quality considerations:

The data is available at other points in time (available on request, obtained from automated processes but are not quality assured by the National Native Title Tribunal for reference dates other than 30 June).

Supporting indicators

Driver

Contextual information

  • Number of Indigenous Land Use Agreements (ILUAs) on the Register of Indigenous Land Use Agreements
  • Income of registered native title bodies corporate as reported to the Office of the Registrar of Indigenous Corporations (ORIC)

    Including income from businesses or grants

  • Charitable trusts holding native title and land rights monies
  • Number of Aboriginal and Torres Strait Islander people employed in water and land management
  • Australia’s conservation estate that is managed by Aboriginal and Torres Strait Islander people
  • Proportion of Aboriginal and Torres Strait Islander people who recognise and live on homelands/traditional country

Material for download

The Productivity Commission acknowledges the Traditional Owners of Country throughout Australia and their continuing connection to land, waters and community. We pay our respects to Aboriginal and Torres Strait Islander Cultures, Country and Elders past and present.

Aboriginal and Torres Strait Islander people should be aware that this website may contain images, voices or names of people who have passed away.