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LAW 301 TUTORIAL ESSAY 7 1. Introduction The native title of a community of indigenous peoples is comprised of the collective rights, powers and other interests of that community, which may be exercised by particular sub-groups or individuals in accordance with that community's traditional laws and customs. Each collective right, power or other interest is an "incident" of that indigenous community's native title.1 Aboriginal title to land has been described as sui generis interest in land, arising from occupation of lands prior to colonisation. Aboriginal title has many unique features which distinguish it from other common law interests; including its inalienability, its important non-economic component, and its status as a collective right. 2. Explain why aboriginal title is described as sui generis interest in land. The term sui generis encompasses the unique nature of aboriginal rights to land. Translated literally from Latin, it means "a type of its own". Aboriginal title to land...

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