Two types of applications can be made as part of the future act right to negotiate process:

• expedited procedure objection applications
• future act determination applications

Fees

The fee to lodge either an expedited procedure objection application or a future act determination application is $719. Sometimes this fee can be waived. To see whether you are entitled to a fee waiver, read the following information sheets:

•  How to complete an 'objection to inclusion in an expedited procedure application' (Form 4)
•  How to complete a 'future act determination application' (Form 5)

The $719 will be refunded if the Tribunal makes a determination in relation to a right to negotiate application and certifies that the proceedings terminated favourably to you.

Expedited procedure objection applications

The 'expedited procedure' is a fast-tracking process for future acts such as some exploration and prospecting licences that, in the view of state and territory governments, may have minimal impact on native title.

Registered native title parties can object to an application being fast-tracked once they receive a notice (called a 'section 29 notice') of intention to do a future act, which has been issued by a government AND asserts that the proposed act attracts the expedited procedure. If the objection is successful, the development cannot go ahead without a negotiation process. Applications to object to the expedited procedure are lodged with the National Native Title Tribunal.

To lodge an application use a Form 4:

•  Form 4 - Objection to inclusion in an expedited procedure application

To lodge an objection application (Form 4) use the following email addresses:

• WA - objectionswa@nntt.gov.au 
• Queensland - objectionsqld@nntt.gov.au.

For details on lodging objection applications electronically, please read:

•  How to complete an 'objection to inclusion in an expedited procedure application' (Form 4)

Future act determination applications

Applications for a determination in relation to a future act are made when:

• a notice of intention to do a future act (called a 'section 29 notice') has been issued by a government to a registered native title body corporate, registered native title claimant and others
• the agreement of the native title parties has not been given within six months of the notice
• one or more of the parties want the Tribunal to decide whether the act should or should not be done, and, if done, on what conditions

Organisations and people who can apply for a future act determination:

• the government who gave the notice of intention to do a future act
• the registered native title body corporate
• the registered native title claimant
• a person who requested or applied for the act to be done

•  Form 5 - Future act determination application