Glossary
FARM TOURISM
This refers to any activity that brings tourists and other visitors onto agricultural land for reasons of leisure, education or participation in farm activities for reason of product purchases or other reasons that are not related to direct agricultural employment. Examples of form tourism would include visiting farm centres and galleries, farm-stays where accommodation is offered to tourists in a rural setting, visits for the purpose of education or for guided walks and tours, food and beverage outlets such as vineyard cellar door sales and so on. A major contemporary example of farm tourism is the music events convened on vineyards where paying guests get to listen to music artists in an intimate rural atmosphere.
FREEHOLD TEST
this test requires that, when certain future acts are proposed, native title holders must be given the same procedural rights as those who hold ‘ordinary title’. In everywhere but the Australian Capital Territory and the Jervis Bay Territory, ‘ordinary title’ means freehold (s 253, Subdivision M of Part 2 Division 3 NTA).
FUTURE ACT
a proposed activity on land and/or waters that may affect native title. This is the legal phrase given to activities that affect native title. It is Future Acts that are protected by the Native Title Act 1993 and for which native title compliance is required. An act affecting native title is defined in the Native Title Act 1993 very broadly:
“An act affects native title if it extinguishes the native title rights and interests or if it is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise”.
A future act can be a tenure grant, a statutory approval regarding land or waters, the making of a law or regulation about land or waters as well as activities which physically impact land or waters.
FUTURE ACT AREA
Any area of land or waters directly or indirectly affected by a Proposed Future Act is referred to in these procedures as the Future Act Area. If the Proposed Future Act is a tenure dealing, the Future Act Area will be the lot concerned. However, where the Proposed Future Act involves physical activities, also identify any adjacent, upstream or downstream areas which will be affected. As well as identifying lots, it may help you to sketch out the Future Act Area on a map or plan.
FUTURE ACT CONSENT DETERMINATION
a decision by the National Native Title Tribunal that a future act may proceed and whether conditions apply to the doing of the act. The decision is made when parties have reached agreement about the act and have consented to those conditions (if any).
FUTURE ACT DETERMINATION
a decision by the National Native Title Tribunal either that a future act cannot be done, or can be done with or without conditions. In making the determination, the Tribunal takes into account (among other things) the effect of the future act on the enjoyment by the native title party, of their registered rights and interests, and the economic or other significant impacts of the future act and any public interest in the act being done.
FUTURE ACT DETERMINATION APPLICATION
An application requesting the National Native Title Tribunal to determine whether a future act can be done (with or without conditions).
FUTURE ACT NOTICE
This is the notice that Council will often need to use in order to satisfy Procedural Rights in relation to a Proposed Future Act. A template Future Act Notice is contained at the bottom of each provision where it is a condition of validation to give notice. The instructions accompanying each provision contain guidance on how to give a Future Act Notice and who to give it to.