Types of applications

Indigenous people and people with an interest in areas subject to a native title claim can make a range of applications in relation to the native title process.

Depending on the type of application, you will need to file it with the Federal Court of Australia or lodge it with the National Native Title Tribunal or the Native Title Registrar.

• Native title applications are usually filed with the Federal Court
• Applications in relation to proposed developments (future acts) are lodged with the Tribunal
• Applications to register indigenous land use agreements (ILUAs) are lodged with the Native Title Registrar.

It is possible to make a native title application under the Native Title Act to a recognised body other than the Federal Court. To date, South Australia is the only State with its own recognised body to deal with native title matters.

Applications to have decisions made about native title may also be made under the common law to State Supreme Courts.

Applications filed with the Federal Court

The main types of native title applications filed with the Federal Court are:

Claimant application

This is an application for the legal recognition of the rights and interests held by Indigenous Australians over a particular area of land or waters, according to their traditional laws and customs.

Claimant applications are often also referred to as 'native title claims' or 'native title determination applications'.

Non-claimant application

This is an application made by a person who does not claim to have native title to an area but who seeks a determination that native title does or does not exist in that area.

Compensation application

This is an application made by Indigenous Australians seeking compensation for loss or impairment of their native title.

Application to become a party to a native title claim

This is an application by a person or organisation with an interest in an area subject to a native title claim and who wishes to participate in the negotiations.

You will find further information about these types of applications in the 'Native title applications' section on this site.

Other types of applications filed with the Federal Court are:

• revised native title determination application (an application to vary or revoke a determination of native title)
• strike out application (an application by a party to a native title application for the matter to be thrown out because it fails to comply with the requirements of the Native Title Act)
• application to review a Tribunal decision not to register a claimant application
• application relating to appeals resulting from decisions or determinations of the Tribunal on questions of law
• application to remove the details of an indigenous land use agreement from the Register of Indigenous Land Use Agreements
• application about the transfer of documents from a former representative Aboriginal and Torres Strait Islander body to a recognised representative body.

For further information about these types of applications, contact the Tribunal on email or freecall 1800 640 501.

Applications lodged with the National Native Title Tribunal

Expedited procedure objection application

This is an application by a registered native title party to object to the fast-tracking of the granting of a tenement application. The fast-tracking process is often referred to as the 'expedited procedure'.

Future act determination application

This is an application for the National Native Title Tribunal to make a determination in relation to a proposed development (or 'future act').

For further information about these types of applications, go to the 'Future acts' section of this site.

Applications lodged with the Native Title Registrar

Application for the registration of an indigenous land use agreement (ILUA)

This is an application by the signatories of an ILUA to have their agreement registered on the Register of Indigenous Land Use Agreements. Through registration, an ILUA becomes a legally binding contract.

For further information about applications as part of the ILUA process, go to the 'Indigenous land use agreements' section of this site.