Australian Government

Federal Register of Legislation

Native Title Act 1993

In force

Administered by

Attorney-General's Department
Department of the Prime Minister and Cabinet

Superseded version

View latest version

C2011C00165

22 March 2011 - 30 June 2011

Table of contents

Part 1—Preliminary
- 1 Short title [see Note 1]
- 2 Commencement [see Note 1]
- 3 Objects
- 4 Overview of Act
- 5 Act binds Crown
- 6 Application to external Territories, coastal sea and other waters
- 7 Racial Discrimination Act
- 8 Effect of this Act on State or Territory laws
- 8A Application of the Criminal Code
- 9 Definitions located in Part 15
Part 2—Native Title
- Division 1—Recognition and protection of native title
  - 10 Recognition and protection of native title
  - 11 Extinguishment of native title
  - 13 Approved determinations of native title
- Division 2—Validation of past acts
- Subdivision AA—Overview of Division
  - 13A Overview of Division
- Subdivision A—Acts attributable to the Commonwealth
- 14 Validation of Commonwealth acts
- 15 Effect of validation on native title
- 16 Preservation of beneficial reservations and conditions
- 17 Entitlement to compensation
- 18 Where just terms invalidity
- Subdivision B—Acts attributable to a State or Territory
- 19 State/Territory acts may be validated
- 20 Entitlement to compensation
- Division 2A—Validation of intermediate period acts etc.
- Subdivision A—Overview of Division
- 21 Overview of Division
- Subdivision B—Acts attributable to the Commonwealth
- 22A Validation of Commonwealth acts
- 22B Effect of validation on native title
- 22C Preservation of beneficial reservations and conditions
- 22D Entitlement to compensation
- 22E Where “just terms” invalidity
- 22EA Requirement to notify: mining rights
- Subdivision C—Acts attributable to a State or Territory
- 22F State/Territory acts may be validated
- 22G Entitlement to compensation
- 22H Requirement to notify: mining rights
- Division 2AA—Validation of transfers under New South Wales land rights legislation
- 22I Overview of Division
- 22J Validation of transfers
- 22K Effect of validation on native title
- 22L Entitlement to compensation
- Division 2B—Confirmation of past extinguishment of native title by certain valid or validated acts
- 23A Overview of Division
- 23B Previous exclusive possession act
- 23C Confirmation of extinguishment of native title by previous exclusive possession acts of Commonwealth
- 23D Preservation of beneficial reservations and conditions
- 23DA Confirmation of validity of use of certain land held by Crown etc.
- 23E Confirmation of extinguishment of native title by previous exclusive possession acts of State or Territory
- 23F Previous non exclusive possession act
- 23G Confirmation of partial extinguishment of native title by previous non exclusive possession acts of Commonwealth
- 23H Preservation of beneficial reservations and conditions
- 23HA Notification
- 23I Confirmation of partial extinguishment of native title by previous non exclusive possession acts of State or Territory
- 23J Compensation
- 23JA Attribution of certain acts
- Division 3—Future acts etc. and native title
- Subdivision A—Preliminary
- 24AA Overview
- 24AB Order of application of provisions
- 24AC Regulations about notification
- Subdivision B—Indigenous land use agreements (body corporate agreements)
- 24BA Indigenous land use agreements (body corporate agreements)
- 24BB Coverage of body corporate agreements
- 24BC Body corporate agreements only where bodies corporate for whole area
- 24BD Parties to body corporate agreements
- 24BE Consideration and conditions
- 24BF Assistance to make body corporate agreements
- 24BG Application for registration of body corporate agreements
- 24BH Notice of body corporate agreements
- 24BI Registration of body corporate agreements
- Subdivision C—Indigenous land use agreements (area agreements)
- 24CA Indigenous land use agreements (area agreements)
- 24CB Coverage of area agreements
- 24CC Requirement that no bodies corporate for whole of area
- 24CD Parties to area agreements
- 24CE Consideration and conditions
- 24CF Assistance to make area agreements
- 24CG Application for registration of area agreements
- 24CH Notice of area agreements etc.
- 24CI Objections against registration
- 24CJ Decision about registration
- 24CK Registration of area agreements certified by representative bodies
- 24CL Registration of area agreements not certified by representative Aboriginal/Torres Strait Islander bodies
- Subdivision D—Indigenous land use agreements (alternative procedure agreements)
- 24DA Indigenous land use agreements (alternative procedure agreements)
- 24DB Coverage of alternative procedure agreements
- 24DC No extinguishment of native title
- 24DD Bodies corporate and representative bodies etc.
- 24DE Parties to alternative procedure agreements
- 24DF Consideration and conditions
- 24DG Assistance to make alternative procedure agreements
- 24DH Application for registration of alternative procedure agreements
- 24DI Notice of alternative procedure agreements
- 24DJ Objections against registration
- 24DK Decision about registration
- 24DL Registration of alternative procedure agreements
- 24DM Other registration procedures and conditions
- Subdivision E—Effect of registration of indigenous land use agreements
- 24EA Contractual effect of registered agreement
- 24EB Effect of registration on proposed acts covered by indigenous land use agreements
- 24EBA Effect of registration on previous acts covered by indigenous land use agreements
- 24EC Agreements unrelated to future acts
- Subdivision F—Future acts: if procedures indicate absence of native title
- 24FA Consequences if section 24FA protection applies
- 24FB When section 24FA protection arises—government applications
- 24FC When section 24FA protection arises—non government applications
- 24FD When section 24FA protection arises—entry on National Native Title Register
- 24FE Relevant native title claim
- Subdivision G—Future acts and primary production
- 24GA Primary production activity
- 24GB Acts permitting primary production on non exclusive agricultural and pastoral leases
- 24GC Primary production etc. activities on non exclusive agricultural or pastoral leases
- 24GD Acts permitting off farm activities that are directly connected to primary production activities
- 24GE Granting rights to third parties etc. on non exclusive agricultural or pastoral leases
- Subdivision H—Management of water and airspace
- 24HA Management or regulation of water and airspace
- Subdivision I—Renewals and extensions etc.
- 24IA Future acts to which this section applies
- 24IB Pre existing right based acts
- 24IC Future acts that are permissible lease etc. renewals
- 24ID Effect of Subdivision applying to an act
- Subdivision JA—Public housing etc.
- 24JAA Public housing etc.
- Subdivision J—Reservations, leases etc.
- 24JA Acts covered by this Subdivision
- 24JB Treatment of acts covered by section 24JA
- Subdivision K—Facilities for services to the public
- 24KA Facilities for services to the public
- Subdivision L—Low impact future acts
- 24LA Low impact future acts
- Subdivision M—Acts passing the freehold test
- 24MA Legislative acts
- 24MB Non legislative acts
- 24MC Only onshore places covered
- 24MD Treatment of acts that pass the freehold test
- Subdivision N—Acts affecting offshore places
- 24NA Acts affecting offshore places
- Subdivision O—Future acts invalid unless otherwise provided
- 24OA Future acts invalid unless otherwise provided
- Subdivision P—Right to negotiate
- 25 Overview of Subdivision
- 26 When Subdivision applies
- 26A Approved exploration etc. acts
- 26B Approved gold or tin mining acts
- 26C Excluded opal or gem mining
- 26D Excluded mining acts: earlier valid acts
- 27 Arbitral body
- 27A Relevant Minister
- 27B Conditions under agreements or determinations etc.
- 28 Act invalid if done before negotiation or objection/appeal etc.
- 29 Notification of parties affected
- 30 Other native title parties etc.
- 30A Negotiation parties
- 31 Normal negotiation procedure
- 32 Expedited procedure
- 33 Negotiations to include certain things
- 34 No agreement if determination
- 35 Application for arbitral body determination
- 36 Arbitral body determination to be made as soon as practicable
- 36A Ministerial determination if arbitral body determination delayed
- 36B Consultation prior to section 36A determination
- 36C Section 36A determinations
- 37 No arbitral body determination if agreement or Ministerial determination
- 38 Kinds of arbitral body determinations
- 39 Criteria for making arbitral body determinations
- 40 No re opening of issues previously decided
- 41 Effect of determination or agreement
- 41A Copies of agreements and determinations
- 42 Overruling of determinations
- 42A Project acts—modified application of Subdivision
- 43 Modification of Subdivision if satisfactory alternative State or Territory provisions
- 43A Exception to right to negotiate: satisfactory State/Territory provisions
- 43B Mining rights covering both alternative provision area and other area
- 44 Additional operation of Subdivision
- Subdivision Q—Conferral of access rights on native title claimants in respect of non exclusive agricultural and pastoral leases
- 44A Conditions for Subdivision to apply
- 44B Rights of access for traditional activities
- 44C Suspension of native title rights
- 44D Certain other laws not affected
- 44E Federal Court jurisdiction
- 44F Request for mediation
- 44G Other mediation, arbitration and agreements not excluded by Subdivision
- Division 4—Other provisions relating to native title
- 44H Rights conferred by valid leases etc.
- 45 RDA compensation to be determined under this Act
- 46 Effect of grant of leases and licences validated by McArthur River legislation
- 47 Pastoral leases held by native title claimants
- 47A Reserves etc. covered by claimant applications
- 47B Vacant Crown land covered by claimant applications
- Division 5—Determination of compensation for acts affecting native title etc.
- 48 Compensation payable in accordance with Division
- 49 No multiple compensation for essentially same act
- 50 Bodies that may determine compensation
- 51 Criteria for determining compensation
- 51A Limit on compensation
- 52 Bank guarantee required under right to negotiate procedures
- 52A Payment held in trust under right to negotiate procedures
- 53 Just terms compensation
- 54 Commonwealth compensation payable from CRF
- Division 6—Native title functions of prescribed bodies corporate and holding of native title in trust
- 55 Determinations by Federal Court
- 56 Determination whether native title to be held in trust
- 57 Determination of prescribed body corporate etc.
- 58 Functions under regulations
- 59 Kinds of prescribed bodies corporate may be determined
- 59A Prescribed bodies corporate for subsequent determinations of native title
- 60 Replacement of agent prescribed bodies corporate
- 60AA Body corporate for Meriam people
- Division 7—Financial matters
- 60AB Fees for services provided by registered native title bodies corporate in performing certain functions
- 60AC Opinion of the Registrar of Aboriginal and Torres Strait Islander Corporations
Part 3—Applications
- Division 1AA—Overview of Part
  - 60A Overview of Part
- Division 1—Applications to the Federal Court: native title and compensation
- Division 1A—Other applications to the Federal Court
  - 69 Applications that may be made
  - 70 Federal Court Rules about applications etc.
- Division 2—Applications to the National Native Title Tribunal: right to negotiate
- Division 2A—Applications to the Native Title Registrar: objections against registration of indigenous land use agreements
  - 77A Material and fees to accompany applications
  - 77B Action to be taken in relation to applications
- Division 3—Miscellaneous
  - 78 Assistance in relation to proceedings
  - 79 Requests for non monetary compensation
Part 4—Determinations of the Federal Court
- Division 1—Overview of Part
  - 79A Overview of Part
- Division 1A—General
- Division 1B—Reference for mediation
- Division 1C—Agreements and unopposed applications
- Division 2—Conferences etc.
- Division 3—Orders
- Division 4—Mediation
Part 5—Native Title Registrar
- 95 Appointment of Registrar
- 96 Powers of Registrar—assisting the President
- 96A Powers of Registrar—ILUAs and future act negotiations
- 97 Powers of Registrar—applications
- 97A Searches for Federal Court etc.
- 98 Powers of Registrar—registers
- 98A Power of Registrar—other public records and information
- 99 Delegation by Registrar
- 100 Remuneration and allowances
- 101 Terms and conditions of appointment
- 102 Leave of absence
- 103 Resignation
- 104 Termination of appointment
- 105 Outside employment
- 106 Disclosure of interests by Registrar
- 106A Appointment of acting Registrar
Part 6—National Native Title Tribunal
- Division 1—Establishment, purpose and way of operating
- Division 2—Membership of the National Native Title Tribunal
- Division 3—Organisation of the Tribunal
- Division 4—Management of the Tribunal
- Division 4AA—Review on whether there are native title rights and interests
- Division 4B—How assistance, mediation or review is to be provided
  - 136H Regulations about assistance, mediation or review
- Division 5—Inquiries and determinations by the Tribunal
- Division 6—Offences
- Division 7—Miscellaneous
Part 7—Register of Native Title Claims
- 184 Claims to native title
- 185 Register of Native Title Claims
- 186 Contents of the Register
- 187 Inspection of the Register
- 188 Parts of the Register may be kept confidential
- 189 Senior Registrar of the High Court to notify Registrar
- 189A Registrar of Federal Court to notify Native Title Registrar
- 190 Keeping the Register
- 190A Registrar to consider claims
- 190B Registration: conditions about merits of the claim
- 190C Registration: conditions about procedural and other matters
- 190D If the claim cannot be registered—notice of decision
- 190E If the claim cannot be registered—reconsideration by the NNTT
- 190F If the claim cannot be registered—review by Federal Court
- 191 Delegation by Registrar to recognised State/Territory body
Part 8—National Native Title Register
- 192 National Native Title Register
- 193 Contents of the Register
- 194 Inspection of the Register
- 195 Parts of the Register may be kept confidential
- 197 Keeping the Register
- 198 Delegation by Registrar to recognised State/Territory body
- 199 Registrar to notify land titles office
Part 8A—Register of Indigenous Land Use Agreements
- 199A Register of Indigenous Land Use Agreements
- 199B Contents of the Register etc.
- 199C Removal of details of agreement from Register
- 199D Inspection of the Register
- 199E Parts of the Register to be kept confidential
- 199F Delegation by Registrar
Part 9—Financial assistance to States and Territories
- 200 Financial assistance to States and Territories
Part 11—Representative Aboriginal/Torres Strait Islander bodies
- Division 1—Preliminary
  - 201A Definitions
  - 201B Eligible bodies
- Division 2—Recognition of representative Aboriginal/Torres Strait Islander bodies
- Division 3—Functions and powers of representative bodies
- Division 4—Finance
- Division 5—Accountability
- Division 6—Conduct of directors and other executive officers
- Division 7—Miscellaneous
Part 12A—State/Territory bodies
- 207A Recognised State/Territory body
- 207B Equivalent State/Territory bodies
Part 13—Miscellaneous
- 208 Act not to apply so as to exceed Commonwealth power
- 209 Reports by Aboriginal and Torres Strait Islander Social Justice Commissioner
- 210 Operation of beneficial land rights laws not affected
- 211 Preservation of certain native title rights and interests
- 212 Confirmation of ownership of natural resources, access to beaches etc.
- 213 Provisions relating to Federal Court jurisdiction
- 213A Assistance from Attorney General
- 214 Application of amended rules of evidence in proceedings before the Federal Court
- 215 Regulations
Part 14—Amendment of Acts
- Division 1—Amendment of the Federal Court Act 1976
- Division 2—Amendment of other Acts
  - 220 Amendment of the Jurisdiction of Courts (Cross vesting) Act
  - 221 Amendment of the Petroleum (Submerged Lands) Act and the Minerals (Submerged Lands) Act
Part 15—Definitions
- Division 1—List of definitions
  - 222 List of definitions
- Division 2—Key concepts: Native title and acts of various kinds etc.
- Division 3—Leases
- Division 4—Sundry definitions etc.
Schedule 1—Scheduled interests
Part 1—New South Wales
- 1 Crown Lands Occupation Act 1861
- 2 Crown Lands Act 1884
- 3 Western Lands Act 1901, Crown Lands Consolidation Act 1913 and other land Acts
- 4 Returned Soldiers Settlement Act 1916
- 5 Closer Settlement Amendment (Conversion) Act 1943
- 6 Crown Lands Act 1989
- 7 National Parks legislation
- 8 Various Acts
Part 2—Victoria
- 9 Land Acts etc.
- 10 Water Acts etc.
- 11 Forests Acts
- 12 National Parks Act 1975
- 13 Alpine Resorts Act 1983
- 14 Gardens Acts
- 15 Settlement Acts etc.
- 16 Crown Land (Reserves) Act 1978
- 17 Melbourne and Metropolitan Board of Works Acts
- 18 Port Acts etc.
- 19 Railway and Transport Acts
- 20 Various Acts
Part 3—Queensland
- 21 Leases under various Land Acts etc.
- 22 Freeholding leases
- 23 Homestead interests
- 24 Settlement farm leases
- 25 Agricultural farms
- 26 Perpetual lease selections
- 27 Perpetual town leases
- 28 Perpetual suburban leases
- 29 Perpetual country leases
- 30 Prickly pear related interests
- 31 Leases under agreements given the force of law
- 32 Various interests
Part 4—Western Australia
- 33 Legislation before 1898
- 34 Land Act 1898 and Land Act 1933
- 35 Other legislation after 1898
- 36 Leases under certain mining related and other Acts
Part 5—South Australia
- 37 Perpetual leases and leases for a term of years
- 38 Miscellaneous leases
- 39 Other interests
Part 6—Tasmania
- 40 Crown Lands Acts
- 41 Closer Settlement Act 1929
Part 7—Northern Territory
- 42 Town leases etc.
- 43 Agricultural leases etc.
- 44 Leases for special purposes etc.
- 45 Miscellaneous leases
- 46 Other leases
  - Notes to the STYLEREF ShortT \* MERGEFORMAT Native Title Act 1993