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SR 1999 No. 335 Regulations as amended, taking into account amendments up to Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021
Administered by: Attorney-General's
Registered 08 Apr 2021
Start Date 25 Mar 2021

Commonwealth Coat of Arms of Australia

Native Title (Indigenous Land Use Agreements) Regulations 1999

Select Legislative Instrument No. 335, 1999

made under the

Native Title Act 1993

Compilation No. 2

Compilation date:                              25 March 2021

Includes amendments up to:            F2021L00292

Registered:                                         8 April 2021

About this compilation

This compilation

This is a compilation of the Native Title (Indigenous Land Use Agreements) Regulations 1999 that shows the text of the law as amended and in force on 25 March 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Name of Regulations........................................................................... 1

4............ Transitional......................................................................................... 1

5............ Definitions.......................................................................................... 1

Part 2—Documents, information and forms                                                         2

6............ Application for registration of body corporate agreements (Act s 24BG)                2

7............ Application for registration of area agreements (Act s 24CG)............ 3

8............ Application for registration of alternative procedure agreements (Act s 24DH)       6

9............ Application objecting against registration of alternative procedure agreement—prescribed form (Act ss 24DJ and 77A)................................................................................... 7

Part 3—Application, saving and transitional provisions                                8

10.......... Application of amendments made by the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021............................................................. 8

11.......... Application of amendments made by the Native Title Legislation Amendment (2021 Measures No. 1) Regulations 2021................................................................................ 8

Schedule 1—Forms                                                                                                       9

Form 1—Application objecting against registration of alternative procedure agreement                                                                                                                                        9

Endnotes                                                                                                                                    11

Endnote 1—About the endnotes                                                                            11

Endnote 2—Abbreviation key                                                                                12

Endnote 3—Legislation history                                                                             13

Endnote 4—Amendment history                                                                           14

 


Part 1Preliminary

  

1  Name of Regulations

                   These Regulations are the Native Title (Indigenous Land Use Agreements) Regulations 1999.

4  Transitional

                   Despite the repeal of the Native Title (Indigenous Land Use Agreements) Regulations 1998, those Regulations continue to apply in relation to any application for registration of an indigenous land use agreement made before the commencement of these Regulations.

5  Definitions

                   In these Regulations:

Act means the Native Title Act 1993.

agreement area, in relation to an indigenous land use agreement, means the area of land or water to which the agreement applies.

alternative procedure agreement means an indigenous land use agreement of the kind mentioned in section 24DA of the Act.

area agreement means an indigenous land use agreement of the kind mentioned in section 24CA of the Act.

body corporate agreement means an indigenous land use agreement of the kind mentioned in section 24BA of the Act.

complete description, in relation to an area, means:

                     (a)  a written description of that area that enables identification of the boundaries of:

                              (i)  the area; and

                             (ii)  any areas within those boundaries that are not included in the area; and

                     (b)  a map of the area that shows geographic coordinates.

native title decision has the meaning given in subregulation 3(1) of the PBC Regulations.

PBC Regulations means the Native Title (Prescribed Bodies Corporate) Regulations 1999.

Part 2Documents, information and forms

  

6  Application for registration of body corporate agreements (Act s 24BG)

             (1)  For subsection 24BG (2) of the Act, an application to register a body corporate agreement must be accompanied by the documents and information mentioned in this regulation.

             (2)  The following documents must accompany an application:

                     (a)  a copy of each determination of native title for the agreement area for each party to the agreement that is a registered native title body corporate;

                     (b)  a statement by each party to the agreement, signed by or for the party, that the party agrees to the application being made;

                     (c)  a complete description of the agreement area;

                     (d)  if the agreement provides for the surrender of native title that is intended to extinguish native title rights and interests in an area, a complete description of that area;

                     (e)  if:

                              (i)  the agreement gives effect to a native title decision in an area (the affected area); and

                             (ii)  for any part of the affected area, there is a representative body that is not a party to the agreement, or no representative body;

                            a certificate under regulation 9 of the PBC Regulations that relates to the decision.

Note 1:       The PBC Regulations apply to a body that holds native title rights and interests, or acts as an agent or representative of the common law holders, as the result of a Federal Court determination under s 56 or 57 of the Act.

Note 2:       Regulation 8 of those Regulations provides that a prescribed body corporate, before making a decision to enter a body corporate agreement, must consult common law holders.

Note 3:       Regulation 9 of those Regulations sets out the requirements for the certificate that will provide evidence of consultation about, and consent to, the decision.

             (3)  The following information, which must be in writing, must accompany the application:

                     (a)  the name of each party to the agreement and the address at which the party can be contacted;

Note:          The name of each party to the agreement and the address at which the party can be contacted will be notified to the public by the Registrar: see s 24BH of the Act.

                     (b)  information that identifies any party that is a representative body;

                     (c)  whether the Commonwealth, or a State or Territory, or a Commonwealth, State or Territory authority, is a party;

                     (d)  if the agreement specifies the period during which the agreement will operate, a statement of that period;

                     (e)  whether or not there is any other written agreement made between some or all of the parties to the agreement in connection with the doing of an act to which the agreement relates.

             (4)  If:

                     (a)  there are any representative bodies for any part of the area covered by the agreement; and

                     (b)  none of them is a party to the agreement;

a party that is a registered native title body corporate must state whether any party that is a registered native title body corporate has informed at least 1 of the representative bodies of its intention to enter into the agreement.

             (5)  If the body corporate agreement contains 1 or more of the following statements, the application for registration of the agreement must be accompanied by information in writing giving the location of each statement in the agreement:

                     (a)  a statement of a kind mentioned in paragraph 24EB (1) (b) of the Act that relates to the consent by the parties to the doing of a future act or class of acts;

                     (b)  a statement of a kind mentioned in paragraph 24EB (1) (c) of the Act to the effect that Subdivision P of Division 3 of Part 2 of the Act (which deals with the right to negotiate) is not intended to apply to a future act or class of acts;

                     (c)  a statement of a kind mentioned in paragraph 24EB (1) (d) of the Act to the effect that the surrender of native title under the agreement is intended to extinguish native title rights and interests;

                     (d)  a statement of a kind mentioned in subparagraph 24EBA (1) (a) (i) of the Act to the effect that the parties agree to the validating of a future act that is not an intermediate period act, or of such acts included in classes;

                     (e)  a statement of a kind mentioned in subparagraph 24EBA (1) (a) (ii) of the Act to the effect that the parties agree to the validating, subject to conditions, of a future act that is not an intermediate period act, or of such acts included in classes;

                      (f)  a statement of a kind mentioned in subparagraph 24EBA (1) (a) (iii) of the Act that relates to the agreement by the parties to change the effects provided by section 22B of the Act, or by a State or Territory law that has the same effect, of an intermediate period act or of such acts included in classes;

                     (g)  a statement of a kind mentioned in paragraph 24EBA (4) (b) of the Act to the effect that the surrender of native title under the agreement is intended to have extinguished the native title rights and interests.

Note:          An application must also be accompanied by a copy of the agreement, see subs 24BG (2) of the Act.

7  Application for registration of area agreements (Act s 24CG)

             (1)  For subsection 24CG (2) of the Act, an application to register an area agreement must be accompanied by the documents and information mentioned in this regulation.

             (2)  The following documents must accompany an application:

                     (a)  a copy of each determination of native title for the agreement area for any party to the agreement that is a registered native title body corporate;

                     (b)  a statement by each party to the agreement, signed by or for the party, that the party agrees to the application being made;

                     (c)  a copy of an extract from the Register of Native Title Claims giving details of each party that is a registered native title claimant;

                     (d)  a complete description of the agreement area;

                     (e)  if the agreement provides for the surrender of native title that is intended to extinguish native title rights and interests in an area, a complete description of that area;

                      (f)  a copy of any certification, mentioned in paragraph 24CG (3) (a) of the Act, that relates to the agreement;

Note:          Subsection 24CG (3) of the Act provides that an application for registration of an area agreement must:

(a)    have been certified by all representative bodies for the area; or

(b)    include both a statement that the requirements of para 24CG (3) (b) have been met, and a statement setting out the grounds on which the Registrar should be satisfied that those requirements have been met.

                     (g)  if:

                              (i)  a registered native title body corporate is a party to the agreement; and

                             (ii)  the agreement gives effect to a native title decision in an area (the affected area); and

                            (iii)  for any part of the affected area, there is a representative body that is not a party to the agreement, or no representative body;

                            a certificate under regulation 9 of the PBC Regulations that relates to the decision.

Note 1:       The PBC Regulations apply to a body that holds native title rights and interests, or acts as an agent or representative of the common law holders, as the result of a Federal Court determination under s 56 or 57 of the Act.

Note 2:       Regulation 8 of those Regulations provides that a prescribed body corporate, before making a decision to enter an area agreement, must consult common law holders.

Note 3:       Regulation 9 of those Regulations sets out the requirements for the certificate that will provide evidence of consultation about, and consent to, the decision.

             (3)  The following information, which must be in writing, must accompany the application:

                     (a)  the name of each party to the agreement and the address at which the party can be contacted;

Note:          The name of each party to the agreement and the address at which the party can be contacted will be notified to the public by the Registrar: see s 24CH of the Act.

                     (b)  information that identifies any party that is a representative body;

                     (c)  whether the Commonwealth, or a State or Territory, or a Commonwealth, State or Territory authority, is a party;

                     (d)  if the agreement specifies the period during which the agreement will operate, a statement of that period;

                     (e)  details of any conditions under section 251BA of the Act on the authority to make the agreement;

                      (f)  whether or not there is any other written agreement made between some or all of the parties to the agreement in connection with the doing of an act to which the agreement relates.

             (4)  If:

                     (a)  there are any representative bodies for any part of the area covered by the agreement; and

                     (b)  none of them is a party to the agreement;

a party that is a member of the native title group, within the meaning in section 24CD of the Act, must state whether it has informed at least 1 of the representative bodies of its intention to enter into the agreement.

             (5)  If the area agreement contains 1 or more of the following statements, the application for registration of the agreement must be accompanied by information in writing giving the location of each statement in the agreement:

                     (a)  a statement of a kind mentioned in paragraph 24EB (1) (b) of the Act that relates to the consent by the parties to the doing of a future act or class of acts;

                     (b)  a statement of a kind mentioned in paragraph 24EB (1) (c) of the Act to the effect that Subdivision P of Division 3 of Part 2 of the Act (which deals with the right to negotiate) is not intended to apply to a future act or class of acts;

                     (c)  a statement of a kind mentioned in paragraph 24EB (1) (d) of the Act to the effect that the surrender of native title under the agreement is intended to extinguish native title rights and interests;

                     (d)  a statement of a kind mentioned in subparagraph 24EBA (1) (a) (i) of the Act to the effect that the parties agree to the validating of a future act that is not an intermediate period act, or of such acts included in classes;

                     (e)  a statement of a kind mentioned in subparagraph 24EBA (1) (a) (ii) of the Act to the effect that the parties agree to the validating, subject to conditions, of a future act that is not an intermediate period act, or of such acts included in classes;

                      (f)  a statement of a kind mentioned in subparagraph 24EBA (1) (a) (iii) of the Act that relates to the agreement by the parties to change the effects provided by section 22B of the Act, or by a State or Territory law that has the same effect, of an intermediate period act or of such acts included in classes;

                     (g)  a statement of a kind mentioned in paragraph 24EBA (4) (b) of the Act to the effect that the surrender of native title under the agreement is intended to have extinguished the native title rights and interests.

Note:          An application must also be accompanied by a copy of the agreement, see subs 24CG (2) of the Act.

8  Application for registration of alternative procedure agreements (Act s 24DH)

             (1)  For subsection 24DH (2) of the Act, an application to register an alternative procedure agreement must be accompanied by the documents and information mentioned in this regulation.

             (2)  The following documents must accompany an application:

                     (a)  a copy of each determination of native title for the agreement area for any party to the agreement that is a registered native title body corporate;

                     (b)  a statement by each party to the agreement, signed by or for the party, that the party agrees to the application being made;

                     (c)  a copy of an extract from the Register of Native Title Claims giving details of each party that is a registered native title claimant;

                     (d)  a complete description of the agreement area;

                     (e)  if:

                              (i)  a registered native title body corporate is a party to the agreement; and

                             (ii)  the agreement gives effect to a native title decision in an area (the affected area); and

                            (iii)  for any part of the affected area, there is no representative body;

                            a certificate under regulation 9 of the PBC Regulations that relates to the decision.

Note 1:       The PBC Regulations apply to a body that holds native title rights and interests, or acts as an agent or representative of the common law holders, as the result of a Federal Court determination under s 56 or 57 of the Act.

Note 2:       Regulation 8 of those Regulations provides that a prescribed body corporate, before making a decision to enter an alternative procedure agreement, must consult common law holders.

Note 3:       Regulation 9 of those Regulations sets out the requirements for the certificate that will provide evidence of consultation about, and consent to, the decision.

             (3)  The following information, which must be in writing, must accompany the application:

                     (a)  the name of each party to the agreement and the address at which the party can be contacted;

Note:          The name of each party to the agreement and the address at which the party can be contacted will be notified to the public by the Registrar: see s 24DI of the Act.

                     (b)  information that identifies any party that is a representative body;

                     (c)  whether the Commonwealth, or a State or Territory, or a Commonwealth, State or Territory authority, is a party;

                     (d)  if the agreement specifies the period during which the agreement will operate, a statement of that period;

                     (e)  details of any conditions under section 251BA of the Act on the authority to make the agreement;

                      (f)  whether or not there is any other written agreement made between some or all of the parties to the agreement in connection with the doing of an act to which the agreement relates.

             (4)  If the alternative procedure agreement contains 1 or more of the following statements, the application for registration of the agreement must be accompanied by information in writing that gives the location of that statement, or those statements, in the agreement:

                     (a)  a statement of a kind mentioned in paragraph 24EB (1) (b) of the Act that relates to the consent by the parties to the doing of a future act or class of acts;

                     (b)  a statement of a kind mentioned in paragraph 24EB (1) (c) of the Act to the effect that Subdivision P of Division 3 of Part 2 of the Act (which deals with the right to negotiate) is not intended to apply to a future act or class of acts;

                     (c)  a statement of a kind mentioned in subparagraph 24EBA (1) (a) (i) of the Act to the effect that the parties agree to the validating of a future act that is not an intermediate period act, or of such acts included in classes;

                     (d)  a statement of a kind mentioned in subparagraph 24EBA (1) (a) (ii) of the Act to the effect that the parties agree to the validating, subject to conditions, of a future act that is not an intermediate period act, or of such acts included in classes;

                     (e)  a statement of a kind mentioned in subparagraph 24EBA (1) (a) (iii) of the Act that relates to the agreement by the parties to change the effects provided by section 22B of the Act, or by a State or Territory law that has the same effect, of an intermediate period act or of such acts included in classes.

Note:          An application must also be accompanied by a copy of the agreement, see subs 24DH (2) of the Act.

9  Application objecting against registration of alternative procedure agreement—prescribed form (Act ss 24DJ and 77A)

                   For paragraph 77A (a) of the Act, Form 1 in Schedule 1 is prescribed.

Part 3Application, saving and transitional provisions

  

10  Application of amendments made by the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021

                   The amendments of regulations 5, 6, 7 and 8 made by the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021 apply in relation to any native title decision made after the commencement of Schedule 1 to that instrument.

11  Application of amendments made by the Native Title Legislation Amendment (2021 Measures No. 1) Regulations 2021

                   The amendments of these Regulations made by the Native Title Legislation Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to any application made after the commencement of Schedule 1 to that instrument.


Schedule 1Forms

(regulation 9)

Form 1Application objecting against registration of alternative procedure agreement

(regulation 9)

 

Native Title Act 1993

 

APPLICATION OBJECTING AGAINST REGISTRATION OF ALTERNATIVE PROCEDURE AGREEMENT

 

To:       Native Title Registrar

            National Native Title Tribunal

 

1.         *I/*We, [name(s) of applicant(s), including any Aboriginal or Torres Strait Islander name(s)], object to the registration of [name of alternative procedure agreement and NNTT file number (if known)] (the agreement).

 

*I/*We make this application as *a person/*persons claiming to hold native title in relation to *all/*part of the land or waters in the area covered by the agreement.

 

*Omit if not applicable.

 

The following information is provided for the purposes of the application.

 

2.         Address of the applicant(s).

 

3.         Address for service of the applicant(s), including a telephone number and facsimile number (if any).

 

4.         Name and address of the representative of the applicant(s) (if any), including a telephone number and facsimile number (if any).

 

5.         The notification day for the agreement (specified in the notice of the agreement given by the Registrar under section 24DI of the Act).

 

6.         A statement of reasons why it would not be fair and reasonable to register the agreement.

 

7.         Any other relevant information.

 

[Signature of applicant(s)]

 

Date:

 

Note:          The information mentioned in item 6 is required by paragraph 77A (c) of the Act.


Endnotes

 

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration

Commencement

Application, saving and transitional provisions

1999 No. 335

22 Dec 1999

22 Dec 1999

 

2006 No. 49

22 Mar 2006 (see F2006L00845)

23 Mar 2006

 

Name

Registration

Commencement

Application, saving and transitional provisions

Native Title Legislation Amendment (2021 Measures No. 1) Regulations 2021

22 Mar 2021 (F2021L00273)

Sch 1 (items 4–6): 25 Mar 2021 (s 2(1) item 1)

Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021

22 Mar 2021 (F2021L00292)

Sch 1 (items 5–19): 25 Mar 2021 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

Part 1 heading...........................

ad F2021L00292

r 2.............................................

rep LA 48D

r 3.............................................

rep LA 48C

r 5.............................................

am 2006 No 49; F2021L00292

Part 2

 

Part 2 heading...........................

ad F2021L00292

r 6.............................................

am F2021L00273; F2021L00292

r 7.............................................

am F2021L00273; F2021L00292

r 8.............................................

am F2021L00273; F2021L00292

r 9.............................................

ad 2006 No 49

Part 3

 

Part 3 heading...........................

ad F2021L00292

r 10...........................................

ad F2021L00292

r 11...........................................

ad F2021L00273

Schedule 1

 

Schedule 1................................

ad 2006 No 49