Glossary
EXPEDITED PROCEDURE
this refers to the fast-tracking process for future acts that might have minimal impact on native title, such as the grant of some exploration and prospecting licenses. If this procedure is used, and ‘no objection’ is lodged and the future act can be done without the normal negotiations with the registered native title parties required by the Native Title Act.
EXPEDITED PROCEDURE OBJECTION APPLICATION CONSENT DETERMINATION
a decision by the National Native Title Tribunal that the expedited procedure (fast-tracking) does or does not apply to doing a certain future act. This decision is made when parties have reached agreement.
EXTINGUISHMENT
this term is used when Australian law does not recognize native title rights and interests because some things governments did, or allowed others to do in the past, have made recognition legally impossible. These things include the passing of laws or the grant of other interests inconsistent with the continued enjoyment of native title.
Native title is a bundle of rights. Complete extinguishment is when the whole bundle of rights is extinguished. Partial extinguishment is when one or more specific rights are extinguished.
As a general rule, once they are extinguished, native title rights can never be recognised again under Australian law. However, in certain circumstances, the Native Title Act allows the courts to ignore the effect of extinguishment. Generally, this may happen if, at the time the application is made, the relevant area is:
- vacant Crown land or unallocated State land (and not subject to reservation etc. for a public purpose)
- a pastoral lease held by, or for, the claimants
- specifically set aside for, or held for the benefit of, Aboriginal People or Torres Strait Islanders (for example, under land rights legislation or as a reserve for the use and benefit of Indigenous Australians).