WHAT WAS CLAIMED
The area of Australia under Aboriginal control or ownership is 76.1 per cent.
OUR VERDICT
False. The total is about 30 per cent, depending on methodology.
AAP FACTCHECK - Indigenous groups do not own or control more than three-quarters of Australia's landmass, despite claims on social media.
The true figure is closer to 30 per cent, although First Nations groups still don't have freehold rights, or outright ownership or control, over much of this land.
The claim is in a Facebook post featuring what appears to be a National Native Title Tribunal map of Indigenous land claims and determinations from July 2025.
"The area of land under Aboriginal control or ownership at 1 July 2025 is 76.1 per cent," the post reads.
"That is 76.1 per cent of the total land mass of Australia — Controlled by the 3.2 per cent aboriginal population — Taking control of the homeland of 96.8 per cent of people who built this country and defended it in wars."
The user explains in the post how they get to the 76.1 per cent "control or ownership" figure.
They take the stated total of land not covered by a native title claim (36.5 per cent) and subtract a further 12.6 per cent.
The 12.6 per cent represents the area shaded red on the map, which the user claims is land "given to the Aborigine" under state and territory land rights laws prior to the 1993 Native Title Act.
They say this figure is drawn from a 2015 Australian Law Reform Commission report (page 92).
The user claims that subtracting this 12.6 per cent from the land not covered by native title results in just 23.9 per cent of Australia not under Aboriginal control or ownership, and, therefore, 76.1 per cent that is.
However, the claim is false and based on a misrepresentation of the tribunal's map and figures.
The National Native Title Tribunal (NNTT) map featured in the post shows that 55.3 per cent of Australia has been subject to a native title determination, 8.2 per cent is subject to an undetermined claim, and 36.5 per cent has never been claimed.
A more recent, October version of the map shows that 55.4 per cent has been subject to a determination.
It also includes areas where exclusive or non-exclusive native title has been determined, but experts say only the former gives Indigenous groups control.
A separate NNTT map includes a breakdown of native title land by exclusive and non-exclusive claims.
Two-thirds of native title land is non-exclusive, about 31 per cent of Australia's landmass, while exclusive native title covers 15.4 per cent.
Non-exclusive native title doesn't grant holders the right to control access or exclude others, the NNTT spokesperson said.
Instead, it grants them limited rights to conduct traditional practices such as fishing, hunting, and ceremonies.
These rights are restricted where they conflict with pre-existing leases, licenses, or public reserves.
Exclusive native title is generally over unallocated Crown land that isn't privately owned or managed for a specific purpose, the spokesperson said.
"Native title does not exist over private freehold land (except some Aboriginally owned private land) or where it has been otherwise lawfully extinguished, including by construction of public works such as roads and other public infrastructure," a tribunal spokesperson said.
Leon Terrill, a land rights expert at the University of NSW, said exclusive native title is the only form providing a degree of Indigenous control.
That control is not absolute, he told AAP FactCheck, as mining is often permitted without the consent of native title holders.
Most non-exclusive native title land overlaps with pastoral leases, he said, and can be used by non-Indigenous people for housing, farming and industry.
Jon Altman, a native title expert at Australian National University, said non-exclusive native title land is not under Aboriginal control or ownership.
"The rights and interests of non-Indigenous commercial interests are paramount, they override native title rights and interests," Prof Altman told AAP FactCheck.
"The control is generally with the leaseholder (ie [the] pastoralist)."
Even exclusive native title differs from freehold ownership land, he said, as the land can't be bought or sold.
It also excludes subsurface mineral rights, which belong to the state, Prof Altman said.
Experts said the post is correct in that, beyond native title, other land is also subject to collective Aboriginal ownership or control.
The post references a 2015 Australian Law Reform Commission report, which states 12.6 per cent of land is subject to Aboriginal land rights or is an Aboriginal reserve.
This includes land held by Aboriginal land trusts and reserves established before native title legislation in 1993, said Prof Altman, who compiled the report's figures.
"These lands provide arguably superior rights than exclusive [native title] possession but in effect exclusive possession exists over that 12.6 per cent," Prof Altman said.
Dr Terrill said accurate data on total Indigenous land ownership is difficult to obtain because land rights can overlap.
However, combining this figure with the 15.4 per cent figure for exclusive native title means about 28 per cent of Australia is under Indigenous control or ownership, not the 76.1 per cent claimed.
The Productivity Commission's latest Closing the Gap report states that 16.1 per cent of Australia is "owned or controlled" by Indigenous corporations or held exclusively for Indigenous use (page 100).
A commission spokesperson told AAP FactCheck the figure doesn't include native title land, although it may overlap.
Even adding this 16.1 per cent figure to the percentage under exclusive native title only equals about 31.5 per cent of Australia's landmass.
So the actual proportion of Australia under Indigenous ownership or control is about 28 to 31.5 per cent, depending on methodology, less than half the 76.1 per cent claimed in the post.
AAP FactCheck is an accredited member of the International Fact-Checking Network. To keep up with our latest fact checks, follow us on Facebook, Instagram, Threads, X, BlueSky, TikTok and YouTube.
