NATIVE TITLE ACT 1993

Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993

TABLE OF PROVISIONS

Long Title
Preamble

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 Criminal Code
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

Subdivision AA--Overview of Division

13A. Overview of Division

Subdivision A--Acts attributable to the Commonwealth

14. Validation of Commonwealth acts
15. Effect of validation on native title
16. Preservation of beneficial reservations and conditions
17. Entitlement to compensation
18. Where just terms invalidity

Subdivision B--Acts attributable to a State or Territory

19. State/Territory acts may be validated
20. Entitlement to compensation

Division 2A--Validation of intermediate period acts etc.

Subdivision A--Overview of Division

21. Overview of Division

Subdivision B--Acts attributable to the Commonwealth

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

Subdivision C--Acts attributable to a State or Territory

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

Subdivision A--Preliminary

24AA. Overview
24AB. Order of application of provisions
24AC. Regulations about notification

Subdivision B--Indigenous land use agreements (body corporate agreements)

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

Subdivision C--Indigenous land use agreements (area 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

Subdivision D--Indigenous land use agreements (alternative procedure agreements)

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

Subdivision E--Effect of registration of indigenous land use agreements

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

Subdivision F--Future acts: if procedures indicate absence of native title

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

Subdivision G--Future acts and primary production

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

Subdivision H--Management of water and airspace

24HA. Management or regulation of water and airspace

Subdivision I--Renewals and extensions etc.

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

Subdivision JA--Public housing etc.

24JAA. Public housing etc.

Subdivision J--Reservations, leases etc.

24JA. Acts covered by this Subdivision
24JB. Treatment of acts covered by section 24JA

Subdivision K--Facilities for services to the public

24KA. Facilities for services to the public

Subdivision L--Low impact future acts

24LA. Low impact future acts

Subdivision M--Acts passing the freehold test

24MA. Legislative acts
24MB. Non - legislative acts
24MC. Only onshore places covered
24MD. Treatment of acts that pass the freehold test

Subdivision N--Acts affecting offshore places

24NA. Acts affecting offshore places

Subdivision O--Future acts invalid unless otherwise provided

24OA. Future acts invalid unless otherwise provided

Subdivision P--Right to negotiate

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

Subdivision Q--Conferral of access rights on native title claimants in respect of non-exclusive agricultural and pastoral leases

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 under right to negotiate procedures
52A. Payment held in trust under right to negotiate procedures
53. Just terms 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. Right to negotiate 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

Subdivision A--Management responsibilities etc. of President of Tribunal and Federal Court Chief Executive Officer

128. Management of administrative affairs of Tribunal
129. Federal Court Chief Executive Officer
129A. Delegation by Federal Court Chief Executive Officer

Subdivision B--Other officers, staff and consultants

130. Deputy Registrars and staff etc.
131A. President may arrange for consultants to be engaged
131B. Disclosure of interests

Subdivision C--Miscellaneous administrative matters

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

Subdivision A--Special inquiries

137. Special inquiries
138. Notice

Subdivision AA--Native title application inquiries

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

Subdivision B--Inquiries--General

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

Subdivision C--Conferences and hearings

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

Subdivision D--Determinations and reports

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

Subdivision F--Appeals

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 Corporations (Aboriginal and Torres Strait Islander) Act 2006

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 Native Title Legislation Amendment Act 2021
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
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
SCHEDULE 1 Scheduled interests

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