Commonwealth Numbered Regulations - Explanatory Statements

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NATIVE TITLE (INDIGENOUS LAND USE AGREEMENTS) REGULATIONS 1998 1998 NO. 286

STATUTORY RULES 1998 No. 286

Issued by the Authority of the Prime Minister

Native Title Act 1993

Native Title (Indigenous Land Use Agreements) Regulations 1998

The Native Title Act 1993 (the Act) as amended by the Native Title Amendment Act 1998 (the Amendment Act), provides that applications for the registration of indigenous land use agreements (ILUAs) are to be accompanied by a copy of the agreement and any other prescribed documents or information. The relevant sections are:

* Subsection 24BG(2) for body corporate agreements;

* Subsection 24CG(2) for area agreements; and

* Subsection 24DH(2) for alternative procedures agreements.

The Native Title (Indigenous Land Use Agreements) Regulations 1998 (the Regulations) set out the required documents and information needed to accompany an ILUA in order for the agreement to be registered.

The Regulations come into force on 30 September 1998 the date fixed by Proclamation for the commencement of the Amendment Act (other the Schedule 3 of the Amendment Act) .

Background

The Act establishes a system for legally binding agreements between native title holders and those wishing to use land called ILUAs. ILUAs are either a body corporate agreement, an area agreement or an alternative procedure agreement depending upon the contents of the agreement and the parties.

As ILUAs are a new concept established by the Act, the purpose of the Regulations is to ensure that the information included in the application is sufficient to assist the Registrar in deciding whether the agreement should be included on the Register of Register of Indigenous Land Use Agreements and thus attract the statutory protection of the Act.

The Act provides that if all parties to an ILUA agree, the agreement can be registered on the Register of Indigenous Land Use Agreements. Registration ensures that parties to the agreement and any native title holder in the land are covered by the agreement must abide by the contents of the agreement and that acts done in accordance with the agreement are valid under the Act.

Details of the regulations

The details of the Regulations are described in Attachment A.

Attachment A

Registration of body corporate agreement (Regulation 4)

Prescribed Documents-

*       a statement from each party to the ILUA that it agrees to the application for registration being made; and

*       copy of a determination of native title in relation to each registered native title body corporate party.

Prescribed Information-

*       name of each party to the agreement and an address at which each can be contacted, identifying the government party and representative body party if there is one; and

*       description of the area covered by agreement including by means of a map where appropriate;

*        if the agreement is for a specified period, a statement as to that period;

*       if the agreement contains a statement about the doing of a future act or class of future acts, or the application of the right to negotiate, or the surrender of native title, or the validation of a future act or class of future acts, or changing the effect of a validated intermediate period act on native title - include a statement about those matters;

*       statement about informing any representative body before entry into the agreement as required by subsection 24BD(4);

*       statement generally identifying why parties believe it is an agreement to which Subdivision B of Division 3 of Part 2 of the Act applies.

Registration of area agreements (Regulation 5)

Prescribed Documents-

*       a statement from each party to the ILUA that it agrees to the application for registration being made;

*       copy of a determination of native title for any registered native title body corporate party;

*       a copy of an extract from the Register of Native Title Claims in relation to any registered native title claimant party;

*        copy of certificate from representative body.

Prescribed Information-

*       name of each party to agreement and an address at which each can be contacted, identifying the government party and representative body party if there is one;

*       description of the area covered by agreement including by means of a map if appropriate;

*        if the agreement is for a specified period, a statement as to that period;

*       if the agreement contains a statement about the doing of a future act or class of future acts, or the application of the right to negotiate, or the surrender of native title, or the 1validation of a future act or class of future acts, or changing the effect of a validated intermediate period act on native title (see subsection 24EBA(1)) include a statement about those matters; statement about informing any representative body before entry into the agreement as required by subsection 24CD(7); statement generally identifying why parties believe it is an agreement to which Subdivision C of Division 3 of Part 2 of the Act applies.

Alternative procedure agreement (Regulation 6)

Prescribed Documents

*       a statement from each party to the ILUA that it agrees to the application for registration being made;

*       a copy of an extract from the Register of Native Title Claims in relation to any registered native title claimant party; and

*       copy of a native title determination for any registered native title body corporate party.

Prescribed Information

*       name of each party to agreement and an address at which each can be contacted, identifying all government parties and all representative body parties;

*       description of the area covered by agreement including by means of a map where appropriate; if the agreement is for a specified period, a statement as to that period;

*       if the agreement contains a statement about: the doing of a future act or class of future acts, or the application of the right to negotiate, or the validation of a future act or class of future acts - include a statement about those matters;

*       statement generally identifying why parties believe it is an agreement to which Subdivision D of Division 3 of Part 2 of the Act applies.