NATIVE TITLE ACT 1993
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Overview of Act
- 5 Act binds Crown
- 6 Application to external Territories, coastal sea and other waters
- 7 Racial Discrimination Act
- 8 Effect of this Act on State or Territory laws
- 8A Application of the
- 9 Definitions located in Part 15
PART 2--NATIVE--TITLE
DIVISION 1--Recognition and protection of native title
- 10 Recognition and protection of native title
- 11 Extinguishment of native title
- 13 Approved determinations of native title
DIVISION 2--Validation of past acts
- 13A Overview of Division
- 14 Validation of Commonwealth acts
- 15 Effect of validation on native title
- 16 Preservation of beneficial reservations and conditions
- 17 Entitlement to compensation
- 18 Whereinvalidity
- 19 State/Territory acts may be validated
- 20 Entitlement to compensation
DIVISION 2A--Validation of intermediate period acts etc.
- 21 Overview of Division
- 22A Validation of Commonwealth acts
- 22B Effect of validation on native title
- 22C Preservation of beneficial reservations and conditions
- 22D Entitlement to compensation
- 22E Where "just terms" invalidity
- 22EA Requirement to notify: mining rights
- 22F State/Territory acts may be validated
- 22G Entitlement to compensation
- 22H Requirement to notify: mining rights
DIVISION 2AA--Validation of transfers under New South Wales land rights legislation
- 22I Overview of Division
- 22J Validation of transfers
- 22K Effect of validation on native title
- 22L Entitlement to compensation
DIVISION 2B--Confirmation of past extinguishment of native title by certain valid or validated acts
- 23A Overview of Division
- 23B Previous exclusive possession act
- 23C Confirmation of extinguishment of native title by previous exclusive possession acts of Commonwealth
- 23D Preservation of beneficial reservations and conditions
- 23DA Confirmation of validity of use of certain land held by Crown etc.
- 23E Confirmation of extinguishment of native title by previous exclusive possession acts of State or Territory
- 23F Previous non-exclusive possession act
- 23G Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of Commonwealth
- 23H Preservation of beneficial reservations and conditions
- 23HA Notification
- 23I Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of State or Territory
- 23J Compensation
- 23JA Attribution of certain acts
DIVISION 3--Future acts etc. and native title
- 24AA Overview
- 24AB Order of application of provisions
- 24AC Regulations about notification
- 24BA Indigenous land use agreements (body corporate agreements)
- 24BB Coverage of body corporate agreements
- 24BC Body corporate agreements only where bodies corporate for whole area
- 24BD Parties to body corporate agreements
- 24BE Consideration and conditions
- 24BF Assistance to make body corporate agreements
- 24BG Application for registration of body corporate agreements
- 24BH Notice of body corporate agreements
- 24BI Registration of body corporate agreements
- 24CA Indigenous land use agreements (area agreements)
- 24CB Coverage of area agreements
- 24CC Requirement that no bodies corporate for whole of area
- 24CD Parties to area agreements
- 24CE Consideration and conditions
- 24CF Assistance to make area agreements
- 24CG Application for registration of area agreements
- 24CH Notice of area agreements etc.
- 24CI Objections against registration
- 24CJ Decision about registration
- 24CK Registration of area agreements certified by representative bodies
- 24CL Registration of area agreements not certified by representative Aboriginal/Torres Strait Islander bodies
- 24DA Indigenous land use agreements (alternative procedure agreements)
- 24DB Coverage of alternative procedure agreements
- 24DC No extinguishment of native title
- 24DD Bodies corporate and representative bodies etc.
- 24DE Parties to alternative procedure agreements
- 24DF Consideration and conditions
- 24DG Assistance to make alternative procedure agreements
- 24DH Application for registration of alternative procedure agreements
- 24DI Notice of alternative procedure agreements
- 24DJ Objections against registration
- 24DK Decision about registration
- 24DL Registration of alternative procedure agreements
- 24DM Other registration procedures and conditions
- 24EA Contractual effect of registered agreement
- 24EB Effect of registration on proposed acts covered by indigenous land use agreements
- 24EBA Effect of registration on previous acts covered by indigenous land use agreements
- 24EC Agreements unrelated to future acts
- 24ED Amended agreements
- 24FA Consequences if section 24FA protection applies
- 24FB When section 24FA protection arises--government applications
- 24FC When section 24FA protection arises--non-government applications
- 24FD When section 24FA protection arises--entry on National Native Title Register
- 24FE Relevant native title claim
- 24GA Primary production activity
- 24GB Acts permitting primary production on non-exclusive agricultural and pastoral leases
- 24GC Primary production etc. activities on non-exclusive agricultural or pastoral leases
- 24GD Acts permitting off-farm activities that are directly connected to primary production activities
- 24GE Granting rights to third parties etc. on non-exclusive agricultural or pastoral leases
- 24HA Management or regulation of water and airspace
- 24IA Future acts to which this section applies
- 24IB Pre-existing right-based acts
- 24IC Future acts that are permissible lease etc. renewals
- 24ID Effect of Subdivision applying to an act
- 24JAA Public housing etc.
- 24JA Acts covered by this Subdivision
- 24JB Treatment of acts covered by section 24JA
- 24KA Facilities for services to the public
- 24LA Low impact future acts
- 24MA Legislative acts
- 24MB Non-legislative acts
- 24MC Only onshore places covered
- 24MD Treatment of acts that pass the freehold test
- 24NA Acts affecting offshore places
- 24OA Future acts invalid unless otherwise provided
- 25 Overview of Subdivision
- 26 When Subdivision applies
- 26A Approved exploration etc. acts
- 26B Approved gold or tin mining acts
- 26C Excluded opal or gem mining
- 26D Excluded mining acts: earlier valid acts
- 27 Arbitral body
- 27A Relevant Minister
- 27B Conditions under agreements or determinations etc.
- 28 Act invalid if done before negotiation or objection/appeal etc.
- 29 Notification of parties affected
- 30 Other native title parties etc.
- 30A Negotiation parties
- 31 Normal negotiation procedure
- 32 Expedited procedure
- 33 Negotiations to include certain things
- 34 No agreement if determination
- 35 Application for arbitral body determination
- 36 Arbitral body determination to be made as soon as practicable
- 36A Ministerial determination if arbitral body determination delayed
- 36B Consultation prior to section 36A determination
- 36C Section 36A determinations
- 37 No arbitral body determination if agreement or Ministerial determination
- 38 Kinds of arbitral body determinations
- 39 Criteria for making arbitral body determinations
- 40 No re-opening of issues previously decided
- 41 Effect of determination or agreement
- 41A Copies of agreements and determinations
- 41B Access to information about agreements
- 42 Overruling of determinations
- 42A Project acts--modified application of Subdivision
- 43 Modification of Subdivision if satisfactory alternative State or Territory provisions
- 43A Exception to right to negotiate: satisfactory State/Territory provisions
- 43B Mining rights covering both alternative provision area and other area
- 44 Additional operation of Subdivision
- 44A Conditions for Subdivision to apply
- 44B Rights of access for traditional activities
- 44C Suspension of native title rights
- 44D Certain other laws not affected
- 44E Federal Court jurisdiction
- 44F Request for mediation
- 44G Other mediation, arbitration and agreements not excluded by Subdivision
DIVISION 4--Other provisions relating to native title
- 44H Rights conferred by valid leases etc.
- 45 RDA compensation to be determined under this Act
- 46 Effect of grant of leases and licences validated by McArthur River legislation
- 47 Pastoral leases held by native title claimants
- 47A Reserves etc. covered by claimant applications
- 47B Vacant Crown land covered by claimant applications
- 47C National parks etc. covered by native title applications
DIVISION 5--Determination of compensation for acts affecting native title etc.
- 48 Compensation payable in accordance with Division
- 49 No multiple compensation for essentially same act
- 50 Bodies that may determine compensation
- 51 Criteria for determining compensation
- 51A Limit on compensation
- 52 Bank guarantee required underprocedures
- 52A Payment held in trust underprocedures
- 53 compensation
- 54 Commonwealth compensation payable from CRF
DIVISION 6--Native title functions of prescribed bodies corporate and holding of native title in trust
- 55 Determinations by Federal Court
- 56 Determination whether native title to be held in trust
- 57 Determination of prescribed body corporate etc.
- 58 Functions under regulations
- 59 Kinds of prescribed bodies corporate may be determined
- 59A Prescribed bodies corporate for subsequent determinations of native title
- 60 Replacement of agent prescribed bodies corporate
- 60AAA Assistance in relation to registered native title bodies corporate
- 60AA Body corporate for Meriam people
DIVISION 7--Financial matters
- 60AB Fees for services provided by registered native title bodies corporate in performing certain functions
- 60AC Opinion of the Registrar of Aboriginal and Torres Strait Islander Corporations
PART 3--APPLICATIONS
DIVISION 1AA--Overview of Part
- 60A Overview of Part
DIVISION 1--Applications to the Federal Court: native title and compensation
- 61 Native title and compensation applications
- 61A Restrictions on making of certain applications
- 62 Information etc. in relation to certain applications
- 62A Power of applicants where application authorised by group
- 62B General law duties
- 62C Acting where persons are jointly the applicant etc.
- 63 Reference of applications to Native Title Registrar
- 64 Amendment of applications
- 66 Notice of application
- 66A Notice of amended application
- 66B Replacing the applicant
- 66C Registrar's role in relation to certain applications relating to future acts
- 67 Overlapping native title determination applications
- 68 Only one determination of native title per area
DIVISION 1A--Other applications to the Federal Court
- 69 Applications that may be made
- 70 Federal Court Rules about applications etc.
DIVISION 2--Applications to the National Native Title Tribunal: right to negotiate
- 75 applications
- 76 Material and fees to accompany applications
- 77 Action to be taken in relation to applications
DIVISION 2A--Applications to the Native Title Registrar: objections against registration of indigenous land use agreements
- 77A Material and fees to accompany applications
- 77B Action to be taken in relation to applications
DIVISION 3--Miscellaneous
- 78 Assistance in relation to proceedings
- 79 Requests for non-monetary compensation
PART 4--DETERMINATIONS--OF THE FEDERAL COURT
DIVISION 1--Overview of Part
- 79A Overview of Part
DIVISION 1A--General
- 80 Operation of Part
- 81 Jurisdiction of the Federal Court
- 82 Federal Court's way of operating
- 83 Assessor assisting the Federal Court
- 83A Federal Court may request searches to be conducted
- 84 Parties
- 84A Intervention by Commonwealth Minister
- 84B Parties may appoint an agent
- 84C Striking out applications for failure to comply with requirements of this Act
- 84D Proceedings affected by possible defect in authorisation
- 85 Representation before Federal Court
- 85A Costs
- 86 Evidence and findings in other proceedings
DIVISION 1B--Reference for mediation
- 86A Purpose of mediation
- 86B Referral of matters for mediation
- 86BA Mediator may appear before the Court
- 86C Cessation of mediation
- 86D Federal Court's powers
- 86E Federal Court may request reports from a mediator
DIVISION 1C--Agreements and unopposed applications
- 86F Agreement to settle application etc.
- 86G Unopposed applications
- 87 Power of Federal Court if parties reach agreement
- 87A Power of Federal Court to make determination for part of an area
DIVISION 2--Conferences etc.
- 88 Conferences
- 89 Right of appearance
- 90 Participation by telephone etc.
- 91 Conferences to be held in public except in special circumstances
- 92 Federal Court may prohibit disclosure of evidence
- 93 Powers of assessor to take evidence
DIVISION 3--Orders
- 94 Order that compensation is payable
- 94A Order containing determination of native title
- 94B Order relating to an application that has been referred for mediation
- 94C Order dismissing an application relating to a future act
DIVISION 4--Mediation
- 94D Mediation conferences
- 94E Parties at conferences
- 94F Other persons attending or participating in conferences
- 94G Producing documents
- 94H Referral of questions of fact or law
- 94J Referral of questions about whether a party should be dismissed
- 94K Conferences to be held in private
- 94L Person conducting the mediation may prohibit disclosure of information etc.
- 94M Person conducting the mediation etc. must not be required to give evidence or produce documents to a court
- 94N Report etc. to be given to Federal Court
- 94P Reports about breaches of the requirement to act in good faith
- 94Q Public reporting about breaches of the requirement to act in good faith
- 94R Protection of person conducting the mediation
- 94S Regulations about mediation
PART 5--NATIVE--TITLE REGISTRAR
- 95 Appointment of Registrar
- 96 President may give directions to Registrar
- 96A Powers of Registrar--ILUAs and future act negotiations
- 97 Powers of Registrar--applications
- 97A Searches for Federal Court etc.
- 98 Powers of Registrar--registers
- 98AA Powers of Registrar--records of section 31 agreements
- 98A Power of Registrar--other public records and information
- 99 Delegation by Registrar
- 100 Remuneration and allowances
- 101 Terms and conditions of appointment
- 102 Leave of absence
- 103 Resignation
- 104 Termination of appointment
- 105 Outside employment
- 106 Disclosure of interests by Registrar
- 106A Appointment of acting Registrar
PART 6--NATIONAL--NATIVE TITLE TRIBUNAL
DIVISION 1--Establishment, purpose and way of operating
- 107 Establishment of the National Native Title Tribunal
- 108 Function of the Tribunal
- 109 Tribunal's way of operating
DIVISION 2--Membership of the National Native Title Tribunal
- 110 Membership of the Tribunal
- 111 Appointment of members of Tribunal
- 112 Appointment of a Judge or an assessor as a member not to affect tenure etc.
- 113 Delegation to members
- 114 Remuneration and allowances
- 115 Terms and conditions of appointment
- 115A Acting appointments
- 116 Oath or affirmation of office
- 117 Leave of absence
- 118 Resignation
- 119 Termination of appointment--members other than Judges or assessors
- 120 Suspension of members other than a Judge--misbehaviour or incapacity
- 121 Outside employment
- 122 Disclosure of interests
DIVISION 3--Organisation of the Tribunal
- 123 Arrangement of business
- 124 Constitution of Tribunal for exercise of powers
- 125 Reconstitution of the Tribunal
- 126 Member presiding
- 127 Places of sitting
DIVISION 4--Management of the Tribunal
- 128 Management of administrative affairs of Tribunal
- 129 Federal Court Chief Executive Officer
- 129A Delegation by Federal Court Chief Executive Officer
- 130 Deputy Registrars and staff etc.
- 131A President may arrange for consultants to be engaged
- 131B Disclosure of interests
- 133 Annual report
- 136 Proceedings arising out of administrative affairs of Tribunal
DIVISION 4AA--Review on whether there are native title rights and interests
- 136GC Review on whether there are native title rights and interests
- 136GD Member conducting a review may prohibit disclosure of information
- 136GE Reports
DIVISION 4B--How assistance, mediation or review is to be provided
- 136H Regulations about assistance, mediation or review
DIVISION 5--Inquiries and determinations by the Tribunal
- 137 Special inquiries
- 138 Notice
- 138A Application
- 138B Native title application inquiries
- 138C Tribunal to hold inquiry
- 138D Notice to be given to certain persons before inquiry is held
- 138E Relationship to mediation and reviews on whether there are native title rights and interests
- 138F Cessation of inquiry
- 138G Inquiries may cover more than one proceeding
- 139 Inquiries
- 140 Inquiries may cover more than one matter
- 141 Parties
- 142 Opportunity to make submissions concerning evidence
- 143 Representation before Tribunal
- 144 Manner in which questions to be decided
- 145 Reference of questions of law to the Federal Court
- 146 Evidence and findings in other proceedings
- 147 Power of Tribunal where a proceeding is frivolous or vexatious
- 148 Power of Tribunal where no jurisdiction, failure to proceed etc.
- 149 Power of Tribunal where applicant requests dismissal
- 149A Power of Tribunal to reinstate application
- 150 Conferences
- 151 Hearings
- 152 Right of appearance
- 153 Participation by telephone etc.
- 154 Hearings to be held in public except in special circumstances
- 154A Exception--hearings to be held in private if held during course of a native title application inquiry
- 155 Tribunal may prohibit disclosure of evidence
- 156 Powers of Tribunal to take evidence
- 157 Tribunal may authorise another person to take evidence
- 158 Interpreters
- 159 Retention and copying of documents
- 162 Determination of the Tribunal--right to negotiate applications
- 163 Reports after special inquiries
- 163AA Reports after inquiries into subsection 24DJ(1) objection applications
- 163A Reports after native title application inquiries
- 164 Determinations and reports to be in writing
- 169 Appeals to Federal Court from decisions and determinations of the Tribunal
- 170 Operation and implementation of a decision or determination that is subject to appeal
DIVISION 6--Offences
- 171 Failure of witness to attend
- 172 Refusal to be sworn or to answer questions etc.
- 173 Giving of false or misleading evidence
- 174 Refusal to produce document
- 176 Contravention of direction prohibiting disclosure of evidence
- 177 Contempt of Tribunal
DIVISION 7--Miscellaneous
- 178 Sending of documents to the Federal Court
- 179 Return of documents etc. at completion of proceeding
- 180 Protection of members and persons giving evidence
- 181 Confidential information not to be disclosed
- 182 Fees for persons giving evidence
PART 7--REGISTER--OF NATIVE TITLE CLAIMS
- 184 Claims to native title
- 185 Register of Native Title Claims
- 186 Contents of the Register
- 187 Inspection of the Register
- 188 Parts of the Register may be kept confidential
- 189 Senior Registrar of the High Court to notify Registrar
- 189A Federal Court Chief Executive Officer to notify Native Title Registrar
- 190 Keeping the Register
- 190A Registrar to consider claims
- 190B Registration: conditions about merits of the claim
- 190C Registration: conditions about procedural and other matters
- 190D If the claim cannot be registered--notice of decision
- 190E If the claim cannot be registered--reconsideration by the NNTT
- 190F If the claim cannot be registered--review by Federal Court
- 191 Delegation by Registrar to recognised State/Territory body
PART 8--NATIONAL--NATIVE TITLE REGISTER
- 192 National Native Title Register
- 193 Contents of the Register
- 194 Inspection of the Register
- 195 Parts of the Register may be kept confidential
- 197 Keeping the Register
- 198 Delegation by Registrar to recognised State/Territory body
- 199 Registrar to notify land titles office
PART 8A--REGISTER--OF INDIGENOUS LAND USE AGREEMENTS
- 199A Register of Indigenous Land Use Agreements
- 199B Contents of the Register etc.
- 199C Removal of details of agreement from Register
- 199D Inspection of the Register
- 199E Parts of the Register to be kept confidential
- 199F Delegation by Registrar
PART 9--FINANCIAL--ASSISTANCE TO STATES AND TERRITORIES
- 200 Financial assistance to States and Territories
PART 11--REPRESENTATIVE--ABORIGINAL/TORRES STRAIT ISLANDER BODIES
DIVISION 1--Preliminary
- 201A Definitions
- 201B Eligible bodies
DIVISION 2--Recognition of representative Aboriginal/Torres Strait Islander bodies
- 203A Inviting applications for recognition
- 203AA Revocation of invitations
- 203AAA Eligible body must notify the Commonwealth Minister if it decides not to apply for recognition etc.
- 203AB Application for recognition
- 203AC Dealing with applications
- 203AD Recognition of representative bodies
- 203AE Commonwealth Minister may vary an area for which a body is the representative body
- 203AF Notification requirements for the variation of an area on the Commonwealth Minister's own initiative
- 203AG Notice of decision on variation
- 203AH Withdrawal of recognition
- 203AI Matters to which Commonwealth Minister must have regard
DIVISION 3--Functions and powers of representative bodies
- 203B Functions of representative bodies
- 203BA How functions of representative bodies are to be performed
- 203BB Facilitation and assistance functions
- 203BC How facilitation and assistance functions are to be performed
- 203BD Matters that overlap different representative body areas
- 203BE Certification functions
- 203BF Dispute resolution functions
- 203BG Notification functions
- 203BH Agreement making function
- 203BI Internal review functions
- 203BJ Other functions
- 203BK Powers of representative bodies
DIVISION 4--Finance
- 203C Funding of representative bodies
- 203CA Conditions of funding
- 203CB Banking and investment
DIVISION 5--Accountability
- 203DA Accounting records
- 203DB Payments to be properly made etc.
- 203DF Inspection and audit, or investigation, of a representative body
- 203DG Access to information
- 203DH Effect of withdrawal of recognition
DIVISION 6--Conduct of directors and other executive officers
- 203E Application of Division
- 203EA Representative bodies that are not corporations
- 203EB Representative bodies registered under the
DIVISION 7--Miscellaneous
- 203F Secretary to inform Minister of certain matters
- 203FB Review of assistance decisions
- 203FBA External review
- 203FBB Review by Secretary of the Department
- 203FC Transfer of documents and records
- 203FCA Representative body etc. to comply with wishes of traditional custodians
- 203FD Liability of executive officers etc.
- 203FE Provision of funding by the Commonwealth
- 203FEA Application of this Act to persons and bodies funded under subsection 203FE(1)
- 203FEB Application of this Act to persons and bodies funded under subsection 203FE(2)
- 203FEC Certain provisions do not apply to persons and bodies funded under subsection 203FE(1) or (2)
- 203FED Liability
- 203FF Financial and accountability requirements imposed by other legislation
- 203FG False statements etc.
- 203FH Conduct by directors, employees and agents
- 203FI Delegation
PART 12A--STATE--/TERRITORY BODIES
- 207A Recognised State/Territory body
- 207B Equivalent State/Territory bodies
PART 13--MISCELLANEOUS
- 208 Act not to apply so as to exceed Commonwealth power
- 209 Reports by Aboriginal and Torres Strait Islander Social Justice Commissioner
- 209A Evaluation of amendments made by the
- 210 Operation of beneficial land rights laws not affected
- 211 Preservation of certain native title rights and interests
- 212 Confirmation of ownership of natural resources, access to beaches etc.
- 213 Provisions relating to Federal Court jurisdiction
- 213A Assistance from Attorney-General
- 214 Application of amended rules of evidence in proceedings before the Federal Court
- 215 Regulations
PART 15--DEFINITIONS
DIVISION 1--List of definitions
- 222 List of definitions
DIVISION 2--Key concepts: Native title and acts of various kinds etc.
- 223 Native title
- 224 Native title holder
- 225 Determination of native title
- 226 Act
- 227 Act affecting native title
- 228 Past act
- 229 Category A past act
- 230 Category B past act
- 231 Category C past act
- 232 Category D past act
- 232A Intermediate period act
- 232B Category A intermediate period act
- 232C Category B intermediate period act
- 232D Category C intermediate period act
- 232E Category D intermediate period act
- 233 Future act
- 237 Act attracting the expedited procedure
- 237A Extinguish
- 238 Non-extinguishment principle
- 239 Act attributable to the Commonwealth, a State or a Territory
- 240 Similar compensable interest test
DIVISION 3--Leases
- 241 Coverage of Division
- 242 Lease
- 243 Lessee
- 244 Permit
- 245 Mining lease
- 246 Commercial lease
- 247 Agricultural lease
- 247A Exclusive agricultural lease
- 247B Non-exclusive agricultural lease
- 248 Pastoral lease
- 248A Exclusive pastoral lease
- 248B Non-exclusive pastoral lease
- 249 Residential lease
- 249A Community purposes lease
- 249B Perpetual lease
- 249C Scheduled interest
DIVISION 4--Sundry definitions etc.
- 250 Application to things happening before commencement
- 251A Authorising the making of indigenous land use agreements
- 251B Authorising the making of applications
- 251BA Conditions on authority
- 251C Towns and cities
- 251D Land or waters on which a public work is constructed, established or situated
- 252 Notify the public in the determined way
- 253 Other definitions