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* NTA = Native Title Act 1993 (Cwlth)
if a claim is not accepted for registration under s.190A of the NTA, then (in some cases) the applicant can ask the National Native Title Tribunal to reconsider the claim made in the application for registration (s. 190E NTA).
a register established under Part 8A of the NTA which contains information about all ILUAs that have been registered.
a register established under Part 7 of the NTA which contains information about all claimant applications that are registered. Applications are registered when they meet all of the conditions of the s. 190A registration test.
a set of conditions applied to each claimant application. If an application meets all the conditions, it must be included in the Register of Native Title Claims. As long as the application remains registered, the native title claimants have certain procedural rights, including the right to negotiate (ss. 190A to 190C NTA).
a prescribed body corporate (PBC) nominated by native title holders to represent them and manage their native title rights and interests once a determination that native title exists has been made. 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).
a person or persons whose name(s) appear on the Register of Native Title Claims as ’the applicant’ in relation to a claim to hold native title in the area (s. 253 NTA).
A form of delegated legislation i.e. legislation made by a non-parliamentary body acting according to an Act of parliament where things are or may be, prescribed by regulations (ss. 215 and 253 NTA).
also known as Native Title Representative Bodies (NTRBs) or representative bodies (rep bodies). These organisations are recognised and funded by the Commonwealth government to perform a wide variety of functions under the NTA. These functions include assisting and facilitating native title holders to access and exercise their rights under the NTA, certifying applications for determinations of native title and area agreements (ILUA), resolving intra-indigenous disputes, agreement making and ensuring that notices given under the NTA are bought to the attention of the relevant people. The Government can also fund other people or organisations to perform some or all of the functions of a representative body (see Part 11 NTA).
the revocation or variation of an existing approved determination of native title (ss.13(1) and 61 NTA)
the right of registered native title claimants or registered native title bodies corporate to be involved in discussions about—but not veto—certain types of future acts (usually the grant of a mining tenement but occasionally an act of compulsory acquisition). Where the right to negotiate applies, negotiations in good faith must occur before the future act can be done. If no agreement is reached an application can be made to the National Native Title Tribunal to determination whether the act can be done and if so under what, if any, conditions (Subdivision P Division 3 Part 2 NTA).
an interest (usually a lease of some kind) that is listed in Schedule 1 of the NTA and falls within the definition found in s. 249C NTA.
a meeting of the parties, similar to the preliminary conference, which is held four weeks before the first direction is due. The purpose of the status conference is to ascertain whether negotiations have been, or are likely to be, successful.
a court order that terminates or dismisses a proceeding before the court, usually because the case is untenable. Under the NTA, the Federal Court has a specific power to strike out a native title determination application, a compensation application or a revised native title determination application if it does not comply with the requirements for making such an application (s. 84C NTA).
the Native Title Amendment (Technical Amendments) Act 2007 (Cwlth) most of which came into force on 1 September 2007.
when an Act is amended there is often a need to provide for the transition of the operation of some sections in the pre-amended Act and the amended Act. These are called transitional provisions. Transitional provisions are included in the Native Title Amendment Act 1998, the Native Title Amendment Act 2007 and the Native Title Technical Amendments Act 2007 and, among other things, have effect on the application and timing of the s. 190A registration test.
see National Native Title Tribunal
this is land that is held by the crown. This land may be able to be claimed under the NTA.
a decision by the Federal Court or High Court of Australia or a recognised body that native title does or does not exist as a result of a native title application that is not contested by another party. To date the only bodies recognised under s. 207A of the NTA are the Supreme Court of South Australia and the Environment, Resources and Development Court of South Australia.
this generally means land that is not held under private ownership. It might be subject to rights granted by the Crown under legislation, such as a mining tenement. It may also be subject to native title.
the decision by the High Court in Wik Peoples v State of Queensland (1996) 187 CLR 1 that, depending on the terms of the lease, non-exclusive native title rights and interests could co-exist with the rights of non-exclusive pastoral leaseholders.
a legal privilege which may attach to discussions held or documents produced during mediation or negotiations aimed at resolving a claim or matter by agreement. The privilege generally prevents the content of those discussions and documents from being used as evidence in any subsequent court action.
Mediation conferences under the NTA are ‘without prejudice’ but only in relation to proceedings before the Federal Court unless the parties agree otherwise (s. 136A(4) NTA).