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NTA = Native Title Act 1993 (Cwlth)
a register established under the NTA which contains the details of determinations of native title made by the High Court, the Federal Court or a recognised body, such as South Australia's Environment, Resources and Development Court (Part 8 NTA).
an independent statutory body established under s. 107 Part 6 of the NTA to assist people to resolve native title issues. The Tribunal has a number of powers and functions under the NTA including:
- mediating between the parties to native title applications at the direction of the Federal Court (Part 6, Divs 4 to 4AA, Division 5, Subdiv AA),
- acting as an arbitrator (or umpire) in situations where the people cannot reach agreement about certain future acts, such as mining projects. In South Australia the Tribunal only performs this role in relation to the grant of petroleum tenements. The Supreme Court and the Environment, Resources and Development Court undertake this function in relation to the doing of certain other future acts under the alternate right to negotiate provisions that operate in South Australia.
- helping people to negotiate indigenous land use agreements (ss. 24BF, 24CF and 24DG) and determining any valid objection to the registration of an Alternative Procedure Agreement (a type of ILUA) (Part 6 Division 5 NTA).
see native title rights and interests
the communal, group or individual rights and interests of Aboriginal peoples and Torres Strait Islanders in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s. 223 NTA).
an application for a determination of native title, a revised determination of native title or a compensation application under s. 61 of the NTA.
see claimant application/claim
an application for a determination of native title. Claimant applications are usually filed with the Federal Court of Australia. The Court usually decides whether native title exists or not by making a native title determination.
see approved determination of native title
a decision by the Federal Court or the High Court of Australia or a recognised body that native title does, or does not, exist in relation to a particular area of land or waters (ss 13 and 225 NTA). 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.
a claimant application or non-claimant application seeking a determination of native title.
see also prescribed body corporate (PBC)
a person who has native title rights and interests over a particular area of land or waters or, where there has been a determination of native title and a prescribed body corporate (PBC) is registered on the National Native Title Register as holding native title rights and interests on trust (s. 224 NTA).
this term is often used to refer to the Indigenous parties to a variety of agreements or participants in legal actions or proceedings. However, under the NTA it also has a specific definition in relation to right to negotiate applications. In that context it means the registered native title claimants and registered native title bodies corporate that meet certain statutory requirements (ss. 253, 29(2) and 30 NTA).
a statutory office holder appointed under s. 95 of the NTA who, among other things:
- applies the registration to test to claimant applications
- assesses applications for the registration of ILUAs
- gives notice of all applications for a determination of native title, compensation applications, revised native title determination applications and applications for the registration of ILUAs
- provides certain forms of assistance
- maintains the National Native Title Register, the Register of Native Title Claims and the Register of Indigenous Land Use Agreements.
The Registrar may delegate his powers to make these decisions to an employee of the National Native Title Tribunal (a delegate) (s. 99 NTA).
see Representative Aboriginal/Torres Strait Islander Body
see native title
the communal, group or individual rights and interests of Aboriginal peoples and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s. 223 NTA).
an individual, group or organisation that may participate as a party to proceedings in a right to negotiate inquiry, namely the:
- government party (usually a state or territory government who proposes to do the future act)
- grantee party (the person who has requested the future act be done) or
- native title party (registered native title bodies corporate or registered native title claimants) for the area where it is proposed the future act be done.
An application made by a person, who holds a non-native title interest in relation to an area, and is seeking a determination that native title does not exist in that area.
this provides that an act, such as a lease, that would normally wholly or partially extinguish native title does not have that effect. Rather any inconsistent native title rights and interests are merely suspended while the particular act has effect (s. 238 NTA).
The process by which people, organisations and/or the general public are advised by the relevant government of their intention to do certain acts or by the National Native Title Tribunal that certain applications under the NTA have been made. These include notification that:
- a government intends to do certain future acts, such as granting a mining lease (e.g. s. 29 NTA)
- a native title determination application, a compensation application, or a revised native title determination application has been made and, in some cases, amendments have been made to such an application (ss. 66 and 66A NTA) and
- an application for the registration of an ILUA has been made (ss. 24BH, 24CH and 24DI).
the 'notification day' is, among other things, the day identified in the notice of various applications under the NTA as the day from which the notification period will often be calculated. A notification day is included in most of the notices given by the Native Title Registrar and those issued under s. 29 NTA by the relevant state or territory governments.
the period of time during which certain persons can do certain things e.g. notify the Federal Court of their intention to become a party to a native title application (s. 61 NTA) or lodge an objection to the registration of an uncertified area agreement (s. 24CI NTA). .
The length of time of the notification period varies depending on the type of application the notice is being issued in relation to.
Some things can only be done after the notification period has ended such as the registration of an indigenous land use agreement.
Native Title Act 1993 (Cwlth) as amended by amendment Acts.