Indigenous land use agreement department of justice and. The act operates on the assumption that certain low impact acts will have minimal impact on native title. The report is informed by 20 years of the operation of thenative title act1993 cth native title act and the contribution made by high court and federal court jurisprudence. Australian capital territory including the jervis bay territory.
Contractual effect nta s24ea1 a subject to clause 7. Strait islander people have to their traditional lands. On the 22 june 2017 the native title amendment indigenous land use agreements act 2017 amendment act cth was passed. Titles validation and native title effect of past acts act 1995 wa applies, and the determination of matters required by s. Subdivision aacts attributable to the commonwealth. Real property tenures and estates application on settlement of new south wales effect on native title land over which native title exists whether crown land land act 1962 q. About native title applications national native title tribunal.
The native title claim group by those laws and customs, have a connection with the land or water. Regional indigenous land use agreement for small scale. Since then the ntru has focused on maximising the recognition of native title through improving information and coordination, actively engaging in law and policy reform and strengthening the voice of native title holders. Queensland south native title services annual report 2018 2019. Native title information handbook 2016 national 5 whether native title rights and interests have been extinguished is determined by applying the clear and plain intention test, which means that native title rights and interests will not be extinguished in the absence of. In most cases it will not be necessary for a person or an organisation making a nonclaimant application to obtain a determination of native title. Bolton on behalf of the southern noongar families v state of western australia 2004 fca 760 15 june 2004. Cth nta, native title holders have an entitlement to compensation on just terms to compensate the native title holders for any loss, diminution, impairment or other effect of the act on their native tile rights and interests. This compilation was prepared on 19 april 2010 taking into. While these systems are both about recognising and providing for aboriginal. Native title information handbook 2016 national 5 whether native title rights and interests have been extinguished is determined by applying the clear and plain intention test, which means that native title rights and interests will not be extinguished in the absence of a clear and plain intention to do so in the relevant statute.
An act about native title in relation to land or waters, and for related purposes administered by. Claimant application a claimant application is made by a group of people, a native title claim group, who declare. A low impact act can take place over an area before a determination that native title exists is made without public notice. Reforms to the native title act 1993 attorneygenerals. Native title act 1993 cth nta, that aboriginal and torres strait islander peoples had a system of law and. Queensland south native title services annual report. Native title group to enter into this ilua before it was executed in accordance with s 24cd7 of the nta and regulation 74 of the native title indigenous land use agreement regulations 1999 cth. Regional indigenous land use agreement for small scale mining. Within the native title act 1993 cth, the provisions for agreements take precedence over all other procedures for dealing with future acts. Native title act 1993 cth of the proposed grant of the petroleum lease shown below under the.
This submission has the support of the chamber of minerals and energy of western australia cme, the queensland resources council. The person or persons authorised by the native title claim group to represent the group in matters arising under the native title act 1993 cth nta in relation to the native title determination application. Australians, because the native title act 1993 cth prioritises other proprietary interests ahead of native title interests antonios 1999. Comparison of land rights and native title in nsw in nsw there are two key mechanisms by which aboriginal peoples can have their rights recognised in land. We would like to show you a description here but the site wont allow us. The native title act 1993 cth creates procedures for validating these activities, giving registered native title applicants the right to negotiate over activities where native title may exist within the area claimed. Native title, indigenous economic development and tax page 6 however, the law council would not support the creation of an icf as a large single fund into which all native title benefits could be paid. Native title act 1993 cth, it must be established that. Land rights and native title in nsw october 2012 comparison of land rights and native title in nsw in nsw there are two key mechanisms by which aboriginal peoples can have their rights recognised in land land rights and native title. The native title amendment act 1998 cth was the australian governments legislative. Application to external territories, coastal sea and other waters 7. Native title south australia regulations 1995ceased native title south australia regulations 2001 ceased native title south australia regulations 2016.
Native title act 1993 cth the act, the native title system has matured greatly, with the total number of native title determinations now surpassing applications on foot e. The options for reform canvassed by the paper address recommendations from the. Overview of division subdivision aacts attributable to the commonwealth 14. The queensland minister for natural resources, mines and energy, po box 15216, city east, queensland, 4002, hereby gives notice in accordance with section 29 of the. Submission to the inquiry into reforms to the native title act 1993. The committee is however concerned about the effect of amendments proposed for the registering of indigenous land use area agreements,area.
Native title act 1993 cth nta by broadening the circumstances in which native title rights and interests can be recognised, and by seeking to enhance the agreement making procedures in the nt a. Retention and copying of documents subdivision ddeterminations and reports 162. Jun 29, 2017 this is a compilation of the native title act 1993 that shows the text of the law as amended and in force on 22 june 2017 the compilation date. Power of parliament of qeensland to extinguish native title.
To that end, s 7 of the native title act 1993 cth nta 1993 originally declared that nothing in the act affects the operation of the racial discrimination act 1975. Common law rights and interests 1 the expression native title or native title rights and interests means the communal, group or individual rights and interests of aboriginal peoples or torres strait islanders in relation to land or waters, where. The notes at the end of this compilation the endnotes include information about amending laws. Racial discrimination act 1975 cth, the native title act 1993 cth, and the native title amendment act 1998 cth. Australian law reform commissions report on connection to country. Bolton on behalf of the southern noongar families v state of. Department reforms to the native title act 1993 cth options paper november 2017, canberra. Atns consultation paper native title, indigenous economic. To work out whether native title has been determined over a particular area, you can conduct a search through the native title search page or by requesting a search from the nntt. Canberra act 2600 dear attorney social justice and native title report 2014 i am pleased to present to you the social justice and native title report 2014, in accordance with section 46c1a of the australian human rights commission act 1986 cth and section 209 of the native title act 1993 cth. Native title act 1993 cth the content of this material is intended only to provide a summary and general overview of the native title act as it applies to the university of adelaide.
Aboriginals native title to waters fishing whether right to. Native title checklist for a local government legal officer. Public governance, performance and accountability consequential and. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. This is a compilation of the native title act 1993 that shows the text of the law as amended and in force on 22 june 2017 the compilation date. The native title claim group have rights and interests that are possessed under traditional laws acknowledged and traditional customs observed. The minerals council of australia mca welcomes the opportunity to provide a response to the options paper on reforms to the native title act 1993 cth nta. The south west native title settlement an agreement reached between the noongar people and the western australian government noongar recognition act. A claimant application is made by a group of people, a native title claim group, who declare they hold rights and interests in an area of land andor water according to their traditional laws and.
The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Please contact dr deane fergie if you are unsure of your. In 1993 the australian government made the native title act nta. Aboriginal land rights northern territory act 1976 cth. The traditional owner group name is the native title claim group in relation to the application. The native title amendment act 1998 placed some restrictions on native title claims. The native title amendment act 1998 cth, also commonly referred to as the 10 point plan is an australian native title law created by the john howard led liberal government in response to the wik decision by the high court.
In s 2231, the term native title or native title rights and interests means the communal, group or individual rights and interests of aboriginal peoples or torres strait islanders in relation to land or waters, where. Be determined under the native title act 1993 cth native title act to be payable as compensation for the effects of certain acts on native title native title benefit section 59505 cont. Division 4other provisions relating to native title. Aboriginal statutory native title rights did not prevent the commonwealth from creating statutory five year leases over aboriginal land under the national emergency response and other measures act 2007 cth to prevent abuse of indigenous children living on aboriginal land. Native title information handbook 2016 victoria 4 the rights and interests are recognised by the common law of australia.
Factsheet the south west native title settlement the settlement is the largest and most comprehensive agreement to settle aboriginal interests over land in australia. Approved determinations of native title division 2validation of past acts. Native title checklist for a local government legal. The native title act was introduced in response to the historic high court decision in mabo 2v queensland no 2. In particular, the law council is concerned about preserving the rights of native title groups to selfdetermination, which. Cth nta, native title holders have an entitlement to compensation on just terms to compensate the native title holders for any loss, diminution, impairment or. While the racial discrimination act 1975 cth makes it illegal to discriminate against the property rights of aboriginal people, there is a complex interaction between the racial. Native title act 1993 cth nta is the australian governments legislative.
The act was passed by the keating government following the high courts decision in mabo v queensland no 2 1992. Comparing native title and angloaustralian land law. Act 1976 cth with responsibility for, inter alia, managing the native title rights and interests of the dja dja wurrung people or any other body authorised by the native title group to represent it in relation to native title matters under this ilua. Federal register of legislation australian government. The attorneygeneral and minister for indigenous affairs have released an options paper on proposed reforms to the native title act 1993 cth.
In the course of mediation under s 86b of the native title act 1993 cth, the native title group and the state have reached agreement regarding the settlement of the. Prime minister and cabinet incorporated amendments. Bolton on behalf of the southern noongar families v state of western australia 2004 f. The native tille amendment act 1998 provided for three types of iluas namely. Claimant application a claimant application is made by a group of. Exposure draft proposed amendments to the native title act. Bolton on behalf of the southern noongar families v state. The preamble to the native title act states that in enacting the law, the people of australia intend. Native title applications are applications made to the federal court under the native title act 1993 cth. These procedures vary depending on the nature of the future act. It is not intended to be comprehensive nor does it constitute legal advice.
Traditional pacific land rights and international law. Native title act 1993 table of provisions long title preamble part 1preliminary 1. The primary interest in the question of whether to litigate or negotiate, from any perspective, should. The amendment act is in direct response to the uncertainty created by the mcglade decision which has delayed the registration of four of the south west native title settlement indigenous land use agreements iluas. Examples of future acts include the grant of a mining tenement or the compulsory acquisition of land. Native title act 1993 cth and the aiatsis native title research unit ntru. Exposure draft proposed amendments to the native title act 1993. A future act will be invalid to the extent it affects native title unless it complies with the procedures set out in the native title act 1993 cth. Native title act 1993 federal register of legislation. The nta was established to provide a framework for aboriginal peoples and torres strait islanders to gain recognition of their rights and interests to. Native title, indigenous economic development and tax. The native title act 1993 is a law passed by the australian parliament, the purpose of which is to provide a national system for the recognition and protection of native title and for its coexistence with the national land management system.
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