Evidence from Lower Southern Arrernte man Brownie Doolan was central to the success of the Witjira native title claim. In extreme weather conditions including daytime temperatures reaching 50 degrees, Mr Doolan spent three days with Justice Mansfield showing him evidence of his people’s ongoing connection to the land.
A decision by the Federal Court or the High Court of Australia or a recognised body that native title either 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.
An application made by Aboriginal people or Torres Strait Islanders under the NTA for a determination that native title exists over a particular area of land or waters (s. 61(1) NTA).
Claimant applications under the NTA are often also referred to as 'native title claims' or 'native title determination applications'. They are filed in the Federal Court.
Future act
A proposal to do something (e.g. pass legislation or permit a development on a particular area) that will affect native title (or would if the act were valid to that extent) by extinguishing it or creating interests that are inconsistent with the continued existence, enjoyment or exercise of native title. Examples of future acts include the grant of mining or exploration rights and the compulsory acquisition of native title.
A voluntary agreement about the use and management of an area of land or waters where native title exists or might exist. The agreement is made between one or more native title groups and others (such as miners, pastoralists or governments). A registered ILUA is legally binding on the people who are parties to the agreement as well as all native title holders for that area.
The process of bringing together people with an interest in an area covered by a native title claimant application who are parties to the application, to help them to reach agreement about such things as:
- whether or not native title exists
- who holds the native title
- what the native title rights and interests are
- what other interests exist in the area and
- the relationship between native title and other rights and interests.
Mediation allows everyone involved to explore the potential for agreement, including agreement about a consent determination or an indigenous land use agreement.
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 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).
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).
Find the word you are looking for in the glossary of native title terms.