Four Native Title Regulations commenced on 1 October 2024.
-
Native Title (Tribunal) Regulations 2024 (Cth)
-
Native Title (Indigenous Land Use Agreements) Regulations 2024 (Cth)
-
Native Title (Notices) Determination 2024 (Cth)
-
Native Title (Federal Court) Regulations 2024 (Cth)
The new regulations and supporting explanatory statements are available on the
Federal Register of Legislation website.
Information about the changes are outlined for each regulation:
Native Title (Tribunal) Regulations 2024 (Cth)
The
Native Title (Tribunal) Regulations 1993 (Cth) which prescribe Tribunal forms and fees was replaced with new regulations.
What is impact of the new regulations?
Fees
Application fees will no longer be payable for expedited procedure objection applications. In practice, fees are payable in a relatively small number of applications due to existing exemptions.
Fees will continue to be payable for future act determination applications, but existing fee exemptions and eligibility for a fee waiver will also continue to apply.
Forms
There are new requirements for Tribunal forms for expedited procedure objection applications and future act determination applications. The new forms are simpler and more user-friendly. The following forms must now be used:
When did the new regulations commence?
The new regulations commenced on 1 October 2024.
Native Title (Indigenous Land Use Agreements) Regulations 2024 (Cth)
The
Native Title (Indigenous Land Use Agreements) Regulations 2024 (Cth) is the newly amended regulation, which replaced the
Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth). The new Regulations commenced on 1 October 2024.
The new Regulations introduce measures to streamline and simplify the ILUA application process, in line with the
Native Title Act 1993 (Cth).
Key changes include:
- References to 'sections' rather than 'regulations'. For example, "regulation 8" will be referred to as "section 8".
- Section 6 simplifies the definition of 'complete description'. There is no longer a specific requirement for a coordinate point to be displayed on the map.
- Section 7 provides that applications for ILUA registration may include either a copy of the relevant native title determination, or the National Native Title Tribunal (NNTT) Register Extract.
- Regulations 6, 7 and 8 have now been consolidated into s 7 in the new Regulations.
- The Tribunal has prepared updated application forms that refer to the new Regulations. The updated ILUA application forms also include an updated template certificate under regulation 9 of the
Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth).
- From 1 October 2024, the following forms must be used for applications for registration of an ILUA.
Native Title (Notices) Determination 2024 (Cth)
The
Native Title (Notices) Determination 2024 (Cth) was amended with minimal implications for the Tribunal.
Native Title (Federal Court) Regulations 2024 (Cth)
The
Native Title (Federal Court) Regulations 2024 (Cth) updated s 61 application forms which must be used from 1 October 2024.
Further information about these changes
The Attorney-General's Department undertook a review in 2023 of sunsetting instruments under the
Native Title Act 1993 (Cth). Information about this process can be found on the
Department's website.
Questions can be directed to the Tribunal on (07) 3052 4040 or via email
enquiries@nntt.gov.au.
Related links:
