Western Australian Current Acts

NATIVE TITLE (STATE PROVISIONS) ACT 1999 - SECT 1.5

1.5 .         Interpretation

        (1)         In this Act the Native Title Act 1993 of the Commonwealth is referred to as the NTA.

        (2)         A word or expression used in this Act has the same meaning as it has in the NTA unless —

            (a)         this Act gives it another meaning; or

            (b)         the contrary intention appears in some other way.

        Note:

                A list of words and expressions used in this Act and defined in the NTA is attached to this Act. The list shows where in the NTA each definition can be found.

        (3)         The expression Commonwealth Minister when used in this Act in relation to a provision of the NTA has the same meaning as it has in that provision.

        (4)         In this Act, unless the contrary intention appears —

        Chief Commissioner means the person appointed as such under section 6.4(2);

        closing day , in relation to a Part 2 act, a Part 3 act or a Part 4 act, means —

            (a)         the day fixed under section 2.11, 3.9 or 4.7 for the lodgment of objections to the doing of the act; or

            (b)         the later day fixed under section 2.18(2), 3.17(2) or 4.13(2) for that purpose,

        as the case may require;

        Commission means the body established by section 6.1;

        consultation parties has the meaning given by section 2.22 or 4.17, as the case may require;

        Government party means the person who has power to do, on behalf of the State, an act of the kind referred to in section 2.5, 3.4 or 4.2, as the case may require;

        member means a member of the Commission and includes the Chief Commissioner;

        negotiation parties has the meaning given by section 3.21;

        objector means a person who has made an objection under section 2.16, 3.15 or 4.11, as the case may require, that has not been withdrawn or dismissed;

        ordinary member means a member of the Commission other than the Chief Commissioner;

        Part 2 act has the meaning given by section 2.5;

        Part 3 act has the meaning given by section 3.4 and includes an act to which section 2.7 applies;

        Part 4 act has the meaning given by section 4.2;

        proponent means a person who is a proponent under section 2.9, 2.10, 3.7, 3.8, 4.5 or 4.6, as the case may require;

        recommendation means a recommendation of the Commission under section 2.32 or 4.27, as the case may require;

        registered native title rights and interests means —

            (a)         where the person to whom the expression refers is a registered native title claimant, the native title rights and interests described in the relevant entry on the Register of Native Title Claims; and

            (b)         where the person to whom the expression refers is a registered native title body corporate, the native title rights and interests described in the relevant entry on the National Native Title Register;

        relevant land —

            (a)         in Parts 2 and 4, means the land or waters to which the Part 2 act or the Part 4 act concerned relates;

            (b)         in Part 3, means the land or waters that would be affected by the Part 3 act concerned if it were done; and

            (c)         in section 5.2(1), has the meaning specified in paragraph (a) or (b) that is appropriate to the act concerned;

        responsible Minister , in relation to a Part 2 act, a Part 3 act or a Part 4 act, means the Minister responsible for the administration of the Act under which the act would be done.

        (5)         To avoid doubt it is declared that references in this Act to written law are to a written law of the State.

        (6)         Notes in this Act are provided to assist understanding and do not form part of the Act.