Without any such process uncertainty will remain. There are three major tracks to certainty in the future. They are not mutually exclusive. Each has advantages and disadvantages that need to be thought through. Further Court Decisions - could clarify who has native title and its extent.
Litigation is a lengthy and costly exercise.
Further, court action tends to create tension between groups with competing interests in land and could have an adverse effect on the reconciliation process. Government Action - to define the meaning and location of native title. An array of policy options, both legislative and consultative, exists. The policy, legal and practical issues are complex and require detailed consideration of a range of factors including their impact on reconciliation. As well as recognising and giving effect to native title, it needs to be noted that there will be many Aboriginal and Torres Strait Islander peoples whose land needs are great, but whose chances of claiming title based on the High Court's decision are poor.