Geospatial technical guidelines for the preparation of maps and area description

Maps and area descriptions are key elements of information that need to be provided with native title applications or proposed agreements under the Native Title Act 1993 (Cwlth).

The Act requires the Native Title Registrar to include a clear description of the area of an application or indigenous land use agreement (ILUA) in any public notice.

The information about the area of the application or agreement has to be sufficiently clear to enable the parties, the Federal Court, the National Native Title Tribunal and any interested persons to be reasonably certain about the internal and external boundaries of the area.

With a clear map and description it is possible to identify:

  • the relevant state or territory, native title representative bodies and local government areas
  • people who need to be personally notified of the application (because they have, or who may have, an interest in the area)
  • which people or organisations can be a party to an application
  • which people or organisations must be a party to an ILUA lodged for registration.

A clear map and description are also necessary to:

  • give reasonable, accurate and useful public notice about an area that is affected by an application or an agreement; and to
  • provide accurate information to people searching the registers held by the Native Title Registrar about any land, water or sea that is subject to an application.

The guidelines below will assist specialists who prepare maps and technical descriptions for people and organisations involved in native title-related matters.

Guidelines

Circumstances of the case

What is required in a particular case will, to some extent, depend on the circumstances. For example, in some cases it may not be possible to identify particular areas excluded from the application and therefore map these areas. It may, however, be reasonable to describe the types of tenures excluded, even though these cannot be mapped.

Consistency between map and written description

The map and description must be consistent and unambiguous. For example, if the description describes an external boundary, the map should depict this boundary and vice versa. Likewise if the description specifically describes some exclusions, other than class or formulae exclusions, these should be depicted on the map.

Maps

An adequate map of the area will:

  • contain a geographic or grid reference system, together with the map zone (where applicable) and reference datum, such as GDA94, AGD66. Inclusion of a scalebar will assist but is not mandatory;
  • depict and label (if scale permits) areas or features mentioned in the written description;
  • clearly depict areas excluded (if applicable and possible);
  • where other detail is used as a spatial reference (for example, cadastral parcels), include the currency date pertaining to that information;
  • include a locality map.

Written description

An adequate written description of the area:

  • may identify by lot/plan number, or other such tenure (including mining) the administration system used in the public statutory registers of the relevant state or territory, all affected lands, waters or sea included in the application or agreement;
  • may define an external boundary of an application or agreement by way of reference to physical features such as watercourses and roads, together with the location on such — i.e. left bank, centreline, etc or other objects such as gazetted catchment boundaries;
  • may define an external boundary by reference to administrative boundaries (for example, local government areas), other native title claimant applications or areas publicly notified (for example, land acquisition notices). As the boundaries used as reference may change, it is necessary to include the 'as at' time of the boundary referenced;
  • may define an external boundary by metes and bounds description or a series of coordinate points or combination of each. If coordinates are used, the map zone (where applicable) and reference datum must be identified;
  • must identify areas within the external boundaries that are excluded, preferably by lot/plan number or some other administrative system. It is noted that the Federal Court has accepted the use of formulae to identify certain types of exclusions. The Tribunal's decision-maker will decide whether the information about the area/s excluded is sufficiently clear in the circumstances;
  • may refer to roads, localities and other natural or person-made features to assist in locating the area.

Further information is contained in the PDF below or through the National Native Title Tribunal's Geospatial Services on telephone (08) 9268 7445.

Guidelines for written boundary descriptions pdf (206 KB)