Commonwealth Numbered Acts

NATIVE TITLE ACT 1993

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement Commencement of provisions on Royal Assent  
   3.      Objects Main objects  
   4.      Outline of Act  
   5.      Act binds Crown  
   6.      Application to external Territories, coastal sea and other waters  
   7.      Racial Discrimination Act Operation of RDA not affected  
   8.      Effect of this Act on State or Territory laws  
   9.      Definitions located in Part 15  
   10.     Recognition and protection of native title  
   11.     Extinguishment of native title  
   12.     Native title part of Commonwealth law  
   13.     Approved determinations of native title Applications to Native Title Registrar  
   14.     Validation of Commonwealth acts  
   15.     Effect of validation on native title  
   16.     Preservation of beneficial reservations and conditions  
   17.     Entitlement to compensation Extinguishment case  
   18.     Where "just terms" invalidity Section applies if acquisition of property other than on just terms  
   19.     State/Territory acts may be validated  
   20.     Entitlement to compensation Compensation where validation  
   21.     Agreements to surrender etc. native title Extent of agreements  
   22.     Impermissible future acts  
   23.     Permissible future acts Coverage of section  
   24.     Where unopposed non-claimant applications Consequences of applications  
   25.     Renewal under pre-1 January 1994 right to renew Consequences of act  
   26.     When Subdivision applies Subdivision applies to certain permissible future acts  
   27.     Arbitral body Arbitral bodies-recognised State/Territory bodies  
   28.     Act invalid if done before negotiation or objection/appeal etc. Invalidity  
   29.     Notification of parties affected Notice in accordance with section  
   30.      Additional native title parties  
   31.     Normal negotiation procedure Government party to negotiate  
   32.     Expedited procedure When section applies  
   33.     Negotiations to include certain things  
   34.     Parties to give copy of any agreement to arbitral body  
   35.     Application for determination  
   36.     Determination to be made within specified period All reasonable steps to be taken  
   37.     No determination if agreement  
   38.     Kinds of determination  
   39.     Criteria for making determinations Criteria  
   40.     No re-opening of issues previously decided  
   41.     Effect of determination Conditions have contractual effect  
   42.     Overruling of determinations Right of State or Territory to overrule  
   43.     Modification of Subdivision where satisfactory alternative State or Territory provisions Modification if requirements met  
   44.     Additional operation of Subdivision  
   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 When section applies  
   48.     Compensation payable in accordance with Division  
   49.     No multiple compensation for essentially same act  
   50.     Bodies that may determine compensation Section exhaustive  
   51.     Criteria for determining compensation Just compensation  
   52.     Compensation held in trust under "right to negotiate" procedures When section applies  
   53.     "Just terms" compensation Entitlement to "just terms" compensation  
   54.     Commonwealth compensation payable from CRF Amounts payable from CRF  
   55.     Determinations by NNTT and Federal Court  
   56.     Determination whether native title to be held in trust Trust determination  
   57.     Determination of prescribed body corporate etc. Where trustee  
   58.     Functions under regulations  
   59.      Kinds of prescribed bodies corporate  
   60.     Replacement of prescribed bodies corporate  
   61.     Native title and compensation applications Applications that may be made  
   62.     Material and fees to accompany applications Material to accompany applications by native title claimants  
   63.     Applications complying with section 62 Acceptance of applications that are not frivolous etc.  
   64.     Applications not complying with section 62 Reference to presidential member  
   65.     Powers in relation to applications Powers of the Registrar  
   66.     Action to be taken in relation to accepted applications Action by Registrar  
   67.     Special procedure in relation to certain native title determination applications When section applies  
   68.     Parties Applicant  
   69.     Tribunal to decide persons whose interests may be affected Tribunal to decide  
   70.     Unopposed applications Tribunal may make determination  
   71.     Power of Tribunal if parties reach agreement  
   72.     Mediation conference to be held Conference to be held  
   73.     Power of Tribunal if parties reach agreement after mediation conference  
   74.     Applications not settled are to be referred to the Federal Court  
   75.     "Right to negotiate" applications Applications that may be made  
   76.     Material and fees to accompany applications  
   77.     Action to be taken in relation to applications  
   78.     Assistance to potential applicants Registrar may give assistance  
   79.     Requests for non-monetary compensation Requests must be considered  
   80.     Operation of Part  
   81.     Jurisdiction of the Federal Court  
   82.     Federal Court's way of operating Objectives  
   83.     Assessor assisting the Federal Court Assessor to assist Court  
   84.     Parties Persons to remain parties  
   85.     Representation before Federal Court  
   86.     Evidence and findings in other proceedings  
   87.     Power of Federal Court if parties reach agreement Power of Court  
   88.     Conferences Conference may be held  
   89.     Right of appearance  
   90.     Participation by telephone etc.  
   91.     Conferences to be held in public except in special circumstances Public conferences  
   92.     Federal Court may prohibit disclosure of evidence Power of Court  
   93.     Powers of assessor to take evidence Evidence on oath or affirmation  
   94.     Order that compensation is payable  
   95.     Appointment of Registrar Registrar  
   96.     Powers of Registrar-assisting the President Powers, when assisting President  
   97.     Powers of Registrar-applications  
   98.     Powers of Registrar-Register of Native Title Claims and National Native Title Register  
   99.     Delegation by Registrar  
   100.    Remuneration and allowances Determination by Remuneration Tribunal  
   101.    Terms and conditions of appointment Period for which office held  
   102.    Leave of absence Recreation leave  
   103.    Resignation  
   104.    Termination of appointment Misbehaviour or incapacity  
   105.    Outside employment Consent of President required  
   106.    Disclosure of interests by Registrar  
   107.    Establishment of the National Native Title Tribunal  
   108.    Function of the Tribunal Applications, inquiries and determinations  
   109.    Tribunal's way of operating Objectives  
   110.    Membership of the Tribunal  
   111.    Appointment of members of Tribunal Appointment by Governor-General  
   112.    Appointment of a Judge or an assessor as a member not to affect tenure etc. Judges  
   113.    Delegation to members  
   114.    Remuneration and allowances Determination by Remuneration Tribunal  
   115.    Terms and conditions of appointment Period for which office held  
   116.    Oath or affirmation of office Member to take oath or affirmation  
   117.    Leave of absence Recreation leave  
   118.    Resignation  
   119.    Termination of appointment-members other than Judges or assessors Misbehaviour or incapacity  
   120.    Suspension of members other than a Judge-misbehaviour or incapacity Misbehaviour or incapacity  
   121.    Outside employment Consent of Commonwealth Minister required  
   122.    Disclosure of interests Member to disclose conflict of interest  
   123.    Arrangement of business President may give directions  
   124.    Constitution of Tribunal for exercise of powers Constitution of Tribunal  
   125.    Reconstitution of the Tribunal When section applies  
   126.    Member presiding  
   127.    Places of sitting  
   128.    Management of administrative affairs of Tribunal President responsible for administrative affairs  
   129.    Native Title Registrar  
   130.    Deputy Registrars and staff of the Tribunal Deputy Registrars and staff  
   131.    Powers of Registrar regarding Deputy Registrars and Tribunal staff  
   132.    Engagement of consultants etc. Registrar may engage consultants  
   133.    Annual report President to give report etc. to Commonwealth Minister  
   134.    Proper accounts and records to be kept President to ensure account etc. kept  
   135.    Audit Auditor-General to audit  
   136.    Proceedings arising out of administration of Tribunal  
   137.    Special inquiries Ministerial direction  
   138.    Notice  
   139.    Inquiries  
   140.    Inquiries may cover more than one matter  
   141.    Parties Unopposed applications  
   142.    Opportunity to make submissions concerning evidence  
   143.    Representation before Tribunal  
   144.    Manner in which questions to be decided Questions of law  
   145.    Reference of questions of law to the Federal Court Referral to 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 prima facie case not made out  
   149.    Power of Tribunal where applicant requests dismissal  
   150.    Conferences Conference may be held  
   151.    Hearings  
   152.    Right of appearance  
   153.    Participation by telephone etc.  
   154.    Inquiries to be held in public except in special circumstances Public inquiries  
   155.    Tribunal may prohibit disclosure of evidence  
   156.    Powers of Tribunal to take evidence Evidence on oath or affirmation  
   157.    Tribunal may authorise another person to take evidence Who may exercise Tribunal's powers  
   158.    Interpreters  
   159.    Retention and copying of documents  
   160.    Determination of the Tribunal-section 61 applications Tribunal to make determination  
   161.    Determination that compensation is payable  
   162.    Determination of the Tribunal-right to negotiate applications Tribunal to make determination  
   163.    Reports after special inquiries Tribunal to make report  
   164.    Determinations and reports to be in writing  
   165.    Determination of native title or compensation not conclusive  
   166.    Registration of determination Coverage of section  
   167.    Registered determination has effect as an order of the Federal Court Registered determination has effect as an order  
   168.    Review of registered determination Coverage of section  
   169.     Appeals to Federal Court from decisions and determinations of the Tribunal Appeal from Tribunal determination or decision-right to negotiate the applications  
   170.    Operation and implementation of a decision or determination that is subject to appeal Operation of decision or determination  
   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  
   175.    Provision of false or misleading document Offence  
   176.    Contravention of direction prohibiting disclosure of evidence  
   177.    Contempt of Tribunal  
   178.    Sending of documents to the Federal Court  
   179.    Return of documents etc. at completion of proceeding If no appeal to Federal Court  
   180.    Protection of members and persons giving evidence Protection of members  
   181.    Confidential information not to be disclosed Persons not required to give evidence  
   182.    Fees for persons giving evidence Prescribed fees etc.  
   183.    Assistance in proceedings Parties may apply for assistance  
   184.    Claims to native title  
   185.    Register of Native Title Claims Establishment  
   186.    Contents of the Register Information to be included  
   187.    Inspection of the Register Register to be available during business hours  
   188.    Parts of the Register may be kept confidential Public interest test  
   189.    Registrar of the High Court to notify Registrar  
   190.    Keeping the Register Registrar to include claims  
   191.    Delegation by Registrar to recognised State/Territory body  
   192.    National Native Title Register Establishment  
   193.    Contents of the Register Determinations to be included  
   194.    Inspection of the Register Register to be available during business hours  
   195.    Parts of the Register may be kept confidential Public interest test  
   196.    Registrar of the Federal Court to notify Registrar  
   197.    Keeping the Register  
   198.    Delegation by Registrar to recognised State/Territory body  
   199.    Registrar to notify land titles office Registrar to notify  
   200.    Financial assistance to States and Territories Financial assistance that may be given  
   201.    National Aboriginal and Torres Strait Islander Land Fund Establishment of Fund  
   202.    Representative Aboriginal/Torres Strait Islander bodies Determination  
   203.    Financial assistance to representative Aboriginal/Torres Strait Islander bodies Applications  
   204.    Establishment and membership  
   205.    Powers and proceedings  
   206.    Duties  
   207.    Sunset provision  
   208.    Act not to apply so as to exceed Commonwealth power Intention of Parliament  
   209.    Reports by Aboriginal and Torres Strait Islander Social Justice Commissioner Yearly report  
   210.    Operation of beneficial land rights laws not affected  
   211.    Preservation of certain native title rights and interests Requirements for removal of prohibition etc. on native title holders  
   212.    Confirmation of ownership of natural resources, access to beaches etc. Confirmation of ownership of natural resources etc.  
   213.    Provisions relating to Federal Court jurisdiction Native title to be determined in accordance with this Act  
   214.    Disallowable instruments  
   215.    Regulations General  
   216.    Object of Division  
   217.    Principal Act  
   218.    Insertion of new Part  
   219.    Rules of Court  
   220.    Amendment of the Jurisdiction of Courts (Cross-vesting) Act  
   221.    Amendment of the Petroleum (Submerged Lands) Act and the Minerals (Submerged Lands) Act Amendment of the Petroleum (Submerged Lands) Act  
   222.    List of definitions  
   223.    Native title Common law rights and interests  
   224.    Native title holder  
   225.    Determination of native title  
   226.    Act Section affects meaning of "act" in references relating to native title  
   227.    Act affecting native title  
   228.    Past act Definition  
   229.    Category A past act Section defines expression  
   230.    Category B past act  
   231.    Category C past act  
   232.    Category D past act  
   233.    Future act Definition  
   234.    Low impact future act  
   235.    Permissible future act Definition  
   236.    Impermissible future act  
   237.    Act attracting the expedited procedure  
   238.    Non-extinguishment principle Effect of references  
   239.    Act attributable to the Commonwealth, a State or a Territory  
   240.    Similar compensable interest test  
   241.    Coverage of Division  
   242.    Lease  
   243.    Lessee  
   244.    Permit Definition  
   245.    Mining lease Definition  
   246.    Commercial lease Definition  
   247.    Agricultural lease  
   248.    Pastoral lease  
   249.    Residential lease Definition  
   250.    Application to things happening before commencement  
   251.    Recognised State/Territory body Determination  
   252.    Notify the public in the determined way Definition  
   253.    Other definitions