A recent controversy lies with the commercial taking of resources and courts are now recognising that limiting rights to domestic or personal use is contrary to past traditional customs. As a matter of law, minerals and petroleum are excluded from native title.

Rights over the taking or controlling of water remain a major source of contention. When water allocations or larger projects are undertaken, very little (if any) consultation or respect for native title owners takes place and history has shown how rivers become dry with no regard for their traditional use. Watercourses form important parts of Aboriginal society, from cultural knowledge, stories and sustenance to knowledge and music. When water is removed, culture is lost.‚Äč

Without a determination, there is uncertainty over whom to consult and who can make binding decisions for traditional owners. Some states have regulations to recognise traditional owners outside Native Title Act processes, for example in NSW< but these are very complex and slow. If a group has native title recognition, a prescribed body corporate (PBC) will usually be set up to handle native title matters.[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_global id="2907"]