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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Native Title Amendment (Indigenous
Land Use Agreements) Bill 2017
No. , 2017
(Attorney-General)
A Bill for an Act to amend the Native Title Act 1993,
and for related purposes
No. , 2017
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Native Title Act 1993
3
Part 2--Application, transitional and saving provisions
5
No. , 2017
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
1
A Bill for an Act to amend the Native Title Act 1993,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Native Title Amendment (Indigenous Land Use
5
Agreements) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Amendments Part 1
No. , 2017
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Native Title Act 1993
3
1 Paragraph 24CD(2)(a)
4
Repeal the paragraph (including the notes), substitute:
5
(a) for each registered native title claimant in relation to land or
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waters in the area:
7
(i) if a person or persons have been nominated or
8
determined under subsection 251A(2) by the native title
9
claim group concerned to be a party to the agreement--
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that person or those persons; or
11
(ii) if no persons have been nominated or determined under
12
subsection 251A(2) by the native title claim group
13
concerned to be a party to the agreement--a majority of
14
the persons who comprise the registered native title
15
claimant; and
16
Note:
The agreement will bind all members of the native title claim group
17
concerned: see paragraph 24EA(1)(b).
18
2 Subparagraph 24CG(3)(b)(ii) (note)
19
Omit "section 251A", substitute "subsection 251A(1)".
20
3 Section 251A
21
Before "For", insert "(1)".
22
4 Paragraph 251A(b)
23
Omit "where there is no such process", substitute "in any case".
24
5 At the end of section 251A
25
Add:
26
(2) Without limiting subsection (1), when authorising the making of
27
the agreement, a native title claim group may do either or both of
28
the following:
29
Schedule 1 Amendments
Part 1 Amendments
4
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
No. , 2017
(a) nominate one or more of the persons who comprise the
1
registered native title claimant for the group to be a party or
2
parties to the agreement;
3
(b) specify a process for determining which of the persons who
4
comprise the registered native title claimant for the group is
5
to be a party, or are to be parties, to the agreement.
6
6 Paragraph 251B(b)
7
Omit "where there is no such process", substitute "in any case".
8
7 Section 253 (paragraph (a) of the definition of authorise)
9
Omit "section 251A", substitute "subsection 251A(1)".
10
Amendments Schedule 1
Application, transitional and saving provisions Part 2
No. , 2017
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
5
Part 2--Application, transitional and saving
1
provisions
2
8 Application of amendments
3
The amendments made by Part 1 of this Schedule apply in relation to
4
agreements that are made on or after the commencement of this Act.
5
9 Validating agreements and registration on or before
6
2 February 2017
7
(1)
This item applies if:
8
(a) an agreement in relation to an area was made on or before
9
2 February 2017; and
10
(b) the agreement purported to be an indigenous land use
11
agreement (within the meaning of section 24CA of the Native
12
Title Act 1993) in relation to the area; and
13
(c) the agreement was not an indigenous land use agreement
14
(within the meaning of that section) only because:
15
(i) if there was only one registered native title claimant in
16
relation to land or waters in the area--not all of the
17
persons who comprised that registered native title
18
claimant were parties to the agreement; and
19
(ii) if there was more than one registered native title
20
claimant in relation to land or waters in the area--not all
21
of the persons who comprised those registered native
22
title claimants were parties to the agreement; and
23
(d) for each registered native title claimant in relation to land or
24
waters in the area, at least one of the persons who comprised
25
that registered native claimant was a party to the agreement.
26
(2)
The agreement is taken to be, and always to have been, an indigenous
27
land use agreement (within the meaning of section 24CA of the Native
28
Title Act 1993) in relation to the area.
29
(3)
Without limiting subitem (2), if on or before 2 February 2017 the
30
agreement was registered on the Register of Indigenous Land Use
31
Agreements, then the registration of the agreement is taken to be, and
32
always to have been, as valid and effective as it would have been had
33
Schedule 1 Amendments
Part 2 Application, transitional and saving provisions
6
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
No. , 2017
the agreement been, and always been, an indigenous land use
1
agreement.
2
Note:
Sections 24EA, 24EB and 24EBA of the Native Title Act 1993 provide for the effect of
3
the registration of the agreement.
4
(4)
This item does not apply to the agreements known as:
5
(a) the Wagyl Kaip and Southern Noongar ILUA;
6
(b) the Ballardong People ILUA;
7
(c) the South West Boojarah #2 ILUA;
8
(d) the Whadjuk People ILUA.
9
Note:
Item 12 deals with the agreements referred to subitem (4) of this item.
10
10 Validating applications for registration made on or before
11
2 February 2017
--agreements
12
(1)
This item applies if.
13
(a) an agreement in relation to an area was made on or before
14
2 February 2017; and
15
(b) the agreement was not an indigenous land use agreement; and
16
(c) on or before 2 February 2017, an application was purportedly
17
made to register the agreement on the Register of Indigenous
18
Land Use Agreements; and
19
(d) the application was not valid only because the agreement was
20
not an indigenous land use agreement; and
21
(e) because of the operation of subitem 9(2), the agreement was
22
an indigenous land use agreement (within the meaning of
23
section 24CA of the Native Title Act 1993).
24
(2)
The application is taken to be, and always to have been, as valid and
25
effective as it would have been if the agreement had been, and had
26
always been, an indigenous land use agreement.
27
11 Validating applications for registration made on or before
28
2 February 2017
--other cases
29
(1)
This item applies if.
30
(a) an agreement in relation to an area was made on or before
31
2 February 2017; and
32
(b) the agreement was not an indigenous land use agreement; and
33
Amendments Schedule 1
Application, transitional and saving provisions Part 2
No. , 2017
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
7
(c) on or before 2 February 2017, an application was purportedly
1
made to register the agreement on the Register of Indigenous
2
Land Use Agreements; and
3
(d) the application was not valid only because of a reason
4
prescribed by the rules; and
5
(e) because of the operation of subitem 9(2), the agreement was
6
an indigenous land use agreement (within the meaning of
7
section 24CA of the Native Title Act 1993).
8
(2)
The application is taken to be, and always to have been, as valid and
9
effective as it would have been if the matters prescribed by the rules had
10
been satisfied.
11
12 Validating particular agreements
12
(1)
This item applies to an agreement if:
13
(a) item 9 would have applied to the agreement; but
14
(b) because of subitem 9(4), that item does not apply to the
15
agreement.
16
(2)
From the commencement of this Act, the agreement is taken to be an
17
indigenous land use agreement (within the meaning of section 24CA of
18
the Native Title Act 1993).
19
13 Compensation
20
(1)
If the operation of this Act would result in an acquisition of property
21
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
22
person otherwise than on just terms (within the meaning of that
23
paragraph), the Commonwealth is liable to pay a reasonable amount of
24
compensation to the person.
25
(2)
If the Commonwealth and the person do not agree on the amount of the
26
compensation, the person may institute proceedings in the Federal Court
27
of Australia for the recovery from the Commonwealth of such
28
reasonable amount of compensation as the court determines.
29
(3)
The Consolidated Revenue Fund is appropriated for the purposes of
30
making payments under this item.
31
Schedule 1 Amendments
Part 2 Application, transitional and saving provisions
8
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
No. , 2017
14 Rules
1
(1)
The Minister may, by legislative instrument, make rules prescribing
2
matters:
3
(a) required or permitted by this Act to be prescribed by the
4
rules; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7
(2)
Without limiting subitem (1), the rules may prescribe matters of a
8
transitional nature (including prescribing any saving or application
9
provisions) relating to:
10
(a) the amendments made by Part 1 of this Schedule; or
11
(b) a matter referred to in a provision of this Part.
12
(3)
Without limiting subitem (1) or (2), the rules may prescribe matters
13
relating to agreements made, or purportedly made, before the
14
commencement of this Act.
15
(4)
To avoid doubt, the rules may not do the following:
16
(a) create an offence or civil penalty;
17
(b) provide powers of:
18
(i) arrest or detention; or
19
(ii) entry, search or seizure;
20
(c) impose a tax;
21
(d) set an amount to be appropriated from the Consolidated
22
Revenue Fund under an appropriation in this Act;
23
(e) directly amend the text of this Act.
24
(5)
This Act (other than subitem (4)) does not limit the rules that may be
25
made for the purposes of subitem (1).
26