Chapter 1

Introduction

This guide provides a summary of future act decisions made by the National Native Title Tribunal and Federal Court under the right to negotiate provisions of the Native Title Act 1993 (Cwlth). It outlines decisions made under the Native Title Act 1993 prior to its amendments (referred to as ‘the old Act’ or ‘the old NTA’) and those made after the amendments which commenced on 30 September 1998 (referred to as 'the Act', ‘the new Act’ or ‘the new NTA’).

The guide deals with the substantive law as well as the procedures applicable to the Tribunal’s inquiry function under the Commonwealth right to negotiate regime. It does not deal with:

  • future acts generally;
  • the other procedural rights applicable to certain categories of future acts such as the right to be consulted and object or the right to comment; nor
  • alternative state or territory regimes that can be established under ss. 43 and 43A of the new Act.

Part 2, Division 3 (ss. 24A–44) of the Act deals generally with future acts. There are further descriptions of the future act regime in the Australian Government Solicitors' Commentary on the new Act, October 1998, Commonwealth of Australia (at 26–47) and the Guide to Mediation and Agreement Making under the Native Title Act 1993 (Mary Edmunds and Diane Smith), National Native Title Tribunal.

The Tribunal's determinations and decisions on future acts can be found under ‘Search determinations’ on the Tribunal's website and the procedures are under 'Procedures and guidelines'.