New South Wales Consolidated Acts

NATIVE TITLE (NEW SOUTH WALES) ACT 1994

- As at 31 May 2024 
- Act 45 of 1994 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of this Act
   4.      Definitions
   5.      Words and expressions used in Commonwealth Native Title Act
   6.      Act to bind Crown

   PART 2 - VALIDATION AND ITS EFFECTS

           Division 1 - General

   7.      Objects of this Part
   8.      Validation of past acts attributable to the State
   8A.     Validation of intermediate period acts attributable to the State
   9.      Application of remaining provisions of this Part

           Division 2 - Effect of validation of past acts on native title

   9A.     Application of this Division
   10.     Category A past acts that are not public works
   11.     Category A past acts that are public works
   12.     Inconsistent category B past acts
   13.     Category C and D past acts
   14.     Extinguishment does not confer right to eject or remove Aboriginal peoples

           Division 2A - Effect of validation of intermediate period acts on native title

   14A.    Application of this Division
   14B.    Category A intermediate period acts dealing with the granting or vesting of certain interests in land or waters
   14C.    Category A intermediate period acts that are public works
   14D.    Category B intermediate period acts
   14E.    Category C and D intermediate period acts
   14F.    This Division is subject to registered indigenous land use agreements

           Division 3 - Other effects of validation

   15.     Preservation of beneficial reservations and conditions-past acts
   15A.    Preservation of beneficial reservations and conditions-intermediate period acts

   PART 3 - CONFIRMATION OF CERTAIN RIGHTS

   16.     Object of this Part
   17.     Confirmation of ownership of natural resources, right to flow of water and fishing access rights
   18.     Confirmation of access to certain areas

   PART 4 - CONFIRMATION OF PAST EXTINGUISHMENT OF NATIVE TITLE

           Division 1 - Objects of this Part

   19.     Objects of this Part

           Division 2 - Confirmation of extinguishment of native title by previous exclusive possession acts

   20.     Confirmation of extinguishment of native title by previous exclusive possession acts of the State
   21.     Preservation of beneficial reservations and conditions
   22.     Confirmation of validity of use of certain land held by Crown etc

           Division 3 - Confirmation of partial extinguishment of native title by previous non-exclusive possession acts

   23.     Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of the State
   24.     Preservation of beneficial reservations and conditions
   25.     Notification

   PART 5 - VALIDATION OF TRANSFERS UNDER LAND RIGHTS LEGISLATION

   26.     Object of this Part
   27.     Validation of transfers
   28.     Effect of validation on native title

   PART 6 - VALIDATION OF ACTS COVERED BY INDIGENOUS LAND USE AGREEMENTS

   29.     Objects of this Part
   30.     Validation of future acts covered by indigenous land use agreements
   31.     Change of effects of validation of intermediate period acts covered by indigenous land use agreements

   PART 7 - INDEPENDENT ADJUDICATION OF CERTAIN NATIVE TITLE OBJECTIONS UNDER COMMONWEALTH ACT

   32.     Object of this Part
   33.     Definitions
   34.     Referral of objections to NCAT at request of objector
   35.     Parties to proceedings before NCAT
   36.     Determinations of NCAT
   37.     Compliance with determination of NCAT
   38.     Other provisions relating to NCAT’s jurisdiction
   39.     Other statutory requirements not affected
           40-52. (Repealed)
           PARTS 8, 9 - (Repealed)
           None

   PART 10 - (Expired)

   PART 11 - MISCELLANEOUS

   103.    Satisfying right of native title holders to be notified of an act
   103A.   Satisfying other procedural rights of native title holders
   104.    Recovery of compensation paid by the Crown from an authority of the State
   104A.   Saving of native title rights and interests with respect to national parks and other reservations, dedications or declarations
   105.    Notes in the text
   106.    Regulations
   107.    (Repealed)
   107A.   Savings, transitional and other provisions
   108.    Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2