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Summary

Applications seeking a decision on whether an act that may affect native title should be done.

Description

A "future act determination application" (FADA) is a future act application that a negotiation party makes to the Tribunal for a determination that the act must not be done, the act may be done or the act may be done with conditions (s 38 of the NTA).

A FADA cannot be made within 6 months of the notification date nor if an agreement in relation to the act has been made between the negotiation parties (s 35 of the NTA).

The NNTT cannot make a determination in relation to a FADA unless the parties have negotiated in good faith (s 36(2) of the NTA) and it has taken into account the criteria set out in s 39 of the NTA (including effect of the act on the native title parties, the interests and wishes of the native title parties, the economic and other significance of the act to Australia and/or the State or Territory, the public interest in the doing of the act and any other matter the NNTT considers relevant).

Credits

National Native Title Tribunal, © Commonwealth of Australia

Use limitations

Products using this data should acknowledge the National Native Title Tribunal as the data source.

DISCLAIMER

While the National Native Title Tribunal (NNTT) and the Native Title Registrar (Registrar) have exercised due care in ensuring the accuracy of the information provided, it is provided for general information only and on the understanding that neither the NNTT, the Registrar nor the Commonwealth of Australia is providing professional advice. Appropriate professional advice relevant to your circumstances should be sought rather than relying on the information provided. In addition, you must exercise your own judgment and carefully evaluate the information provided for accuracy, currency, completeness and relevance for the purpose for which it is to be used.

The information provided is often supplied by, or based on, data and information from external sources, therefore the NNTT and Registrar cannot guarantee that the information is accurate or up-to-date.

The NNTT and Registrar expressly disclaim any liability arising from the use of this information.

This information should not be relied upon in relation to any matters associated with cultural heritage.

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