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* NTA = Native Title Act 1993 (Cwlth)
registered native title claimants and registered native title bodies corporate (RNTBC) can object to a tenement grant being fast-tracked using the expedited procedure. They have four months from the notification day to lodge an objection. If the objection is successful, the development cannot go ahead without the normal negotiations required by the NTA.
any person claiming to hold native title can object to the registration of an:
- area agreement, on the basis that the requirements in relation to the certification of the application have not been met (ss. 24CI and 203BE(5)(a) and (b)) or
- alternative procedure agreement, on the grounds that it would not be fair and reasonable to register the agreement (s. 24DJ(1)).
There are other potential bars to the registration of ILUAs but they are not formal ‘objections’.
a person or organisation who either:
- enters into an agreement, such as an indigenous land use agreement, with another person or organisation or
- is a participant in a legal action or proceeding such as an application for a determination of native title.
generally speaking, a ‘past act’ is a legislative act done before 1 July 1993 or any other act done before 1 January 1994 which is invalid to any extent because of the existence of native title (s. 228 NTA).
organisations which represent people with common interests in relation to native title e.g. a farmers’ federation, fishing industry councils, native title representative bodies and local government associations.
a meeting of the parties to a future act proceeding, convened by the National Native Title Tribunal member appointed to an inquiry, at which directions may be made and information sought from the parties about issues relevant to the inquiry. A preliminary conference may, with leave, be conducted by telephone or other means of communication.
a body nominated by native title holders which will represent them and manage their native title rights and interests once a determination that native title exists has been made. If a trustee PBC is determined, then it also is the holder of native title on trust for the common law holders (ss. 55, 56 and 57 NTA).
Once the court determines that the corporation is to be the PBC, it is entered onto the National Native Title Register as a registered native title body corporate (ss. 193(2)(e) and 253 NTA).
broadly, these include valid or validated:
- grants of freehold
- ‘scheduled interests’ (see Schedule 1 NTA)
- exclusive leases
- some vestings under state or territory legislation and
- the construction or establishment of public works, which were done before 24 December 1996 (s. 23B NTA).
PEPAs wholly extinguish native title (s. 23C NTA).
previous non-exclusive possession acts are valid or validated grants of non-exclusive agricultural or pastoral leases that took place:
- before 24 December 1996, or
- after 23 December 1996 (the date of the Wik decision), and would be PNEPA except that they were not done on or before 23 December 1996 but were done:
- under a legally enforceable right, offer or arrangement made on or before 23 December 1996 or
- in good faith as the result of an offer, commitment, arrangement or undertaking made or given in good faith on or before 23 December 1996 of which there is reasonably contemporary written evidence (ss. 23F(2) and (3) NTA).
If the effect of such a lease on native title rights and interests at common law would be to extinguish those rights and interests s. 23G provides that under the NTA the effect is the same. If that is not the effect at common law the lease will merely suspend the native title rights and interests for as long as it is in force. (If the grant of the lease is also a category A past act then native title is fully extinguished.)
the right to be notified, to object, be consulted, to comment or the right to negotiate as part of the procedures to be followed under the NTA when certain future acts are proposed (s. 253 NTA).