Proposed activities or developments that may affect native title are classed as 'future acts' under the Native Title Act.
Because claimant applications may take years in mediation or court proceedings before a final decision is reached, a system was devised to let claimants and project proponents negotiate about their interests while native title applications are being resolved. This is the 'future act process'.
Native title claimants can negotiate about some proposed developments over land and waters if they have the right to negotiate. Claimants gain this right if their native title application satisfies the registration test conditions. The right to negotiate is not a right to stop a project going ahead. It only applies to certain types of future acts, such as mining. For some future acts, there may not be a right to negotiate but other rights may be available. These are usually administered by state and territory governments and the Tribunal is not generally involved.
The Tribunal administers the future act processes that attract the right to negotiate under the Commonwealth legislation - that is, generally future acts relating to mining. The Tribunal's role includes mediating between parties, conducting inquiries and making decisions (called 'future act determinations') where parties can't reach agreements.