How do you extinguish a native title?
Native title can be extinguished by the granting of freehold land, the issuing of Crown leases and the construction or establishment of public works. Native Title cannot take away anyone else’s valid rights, including owning a home, holding a pastoral lease or having a mining lease.
What does native title give you?
Native title may include rights and interests to: Live on the area and erect shelters and structures. Access the area for traditional purposes, like camping or for ceremonies. Visit and protect important places and sites hunt, fish and gather food or traditional resources like bush medicines, water, ochre and wood.
What is the test for native title?
The native title claim group is then entitled to certain rights, including the right to negotiate under Native Title Act s 31. 6.33 The registration test requires the Registrar to be satisfied that the factual basis exists to support the assertion that the native title claim group has an association with the area.
What did the native title Amendment Act do?
streamline and improve native title claims resolution and agreement-making; allow historical extinguishment over areas of national and state parks to be disregarded where the parties agree; increase the transparency and accountability of Registered Native Title Bodies Corporate (RNTBCs); and.
Does an Ilua extinguish native title?
An ILUA can be about any native title matter agreed by the parties, including settlement or exercise of native title rights and interests, surrender of native title to governments, land management, future development, mining, cultural heritage, coexistence of native title rights with other rights, access to an area.
What is a future act native title?
A future act is a proposal to deal with land in a way that affects native title rights and interests. A future act will be invalid to the extent it affects native title unless it complies with the procedures set out in the Native Title Act 1993 (Cth).
How much land is native title in Australia?
At 30 September 2015, native title has been recognised over approximately 2,469,647 km2 or about 32% of the Australian land mass. Native title rights and interests differ from statutory land rights in that the source of statutory land rights is a grant of title from government.
What is a past act native title?
past act. generally speaking, a ‘past act’ is a legislative act done before 1 July 1993 or any other act done before 1 January 1994, which is invalid to any extent because of the existence of native title (s 228 NTA).
When was the Native Title Amendment Act passed?
1993
Following the decision in Mabo No. 2, the government enacted the Native Title Act 1993, which commenced on 1 January 1994. The Act has a number of functions.
When to exclude land from native title process?
Excluded land provisions Applications for certain resource authorities may not require a native title process if the land subject to native title constitutes less than 10% of the tenure area. In these cases, we may exclude the native title land from the granted tenure and the application can proceed without a native title process.
Can a NTA process apply to native title?
The NTA stipulates that a future act process need only apply where Native Title exists or is claimed to exist. To ensure validity, prudence would dictate that these processes should also be followed where Native Title may exist.
How does Department of Mines, Industry process native title licences?
A miscellaneous licence for the purpose of ‘search for groundwater’ or for ‘taking water’ will be processed by the department when Mining Act compliant under the provisions of Section 24HA of the NTA. After notification by the department, the Native Title party has the right to comment on the act or class of acts to be done.
How does the National Native Title Tribunal work?
The National Native Title Tribunal (NNTT) is an independent federal government agency. The NNTT can respond to requests for help with: • negotiating agreements • information about native title • mediation services • access to NNTT research • land information, mapping and geospatial products. Native title rights