Glossary

See Tribunal.

an independent statutory body established under s 107 Part 6 of the Native Title Act to assist people to resolve native title issues. The Tribunal has a number of powers and functions under the Act including:

• mediating between the parties to native title applications at the direction of the Federal Court (Part 6, Divs 4 to 4AA, Division 5, Subdiv AA)
• acting as an arbitrator in situations where the people cannot reach agreement about certain future acts, such as mining projects (In South Australia the Tribunal only performs this role in relation to the grant of petroleum tenements. The Supreme Court and the Environment, Resources and Development Court undertake this function in relation to the doing of certain other future acts under the alternate right to negotiate provisions that operate in South Australia)
• helping people to negotiate Indigenous land use agreements (ss 24BF, 24CF and 24DG) and determining any valid objection to the registration of an Alternative Procedure Agreement (a type of ILUA) (Part 6 Division 5 NTA).

an application for a determination of native title, a revised determination of native title or a compensation application under s 61 of the Native Title Act.

– It is the overall guide to help you make a Native Title Assessment for your Proposed Future Act. It is explained in Chapter 3. A template checklist is contained in paragraph 2.1 in Chapter 2.  Print off a copy of the checklist and tick the boxes as you go.

This is a proceeding in the Federal Court brought by an Aboriginal group seeking formal recognition of its native title.  Shortly after a Native Title Claim is filed with the Court, the National Native Title Tribunal will apply a threshold registration test.  Native Title Claims which pass that test are then called registered Native Title Claims.  Native Title Claims which do not pass the test or which have not yet been tested, are called unregistered Native Title Claims

a decision by an Australian court or other recognised body that native title does or does not exist.  A determination is made either when parties have reached an agreement after mediation (consent determination) or following a trial process (litigated determination). This refers to the decision of the Federal Court which determines whether a Native Title Claim is successful or not.  A Native Title Determination may recognise the existence of native title on the basis that the Aboriginal group has maintained connection with the claim area.  However, where the effects of European settlement have caused a loss of connection, the Court may determine that native title does not exist.  In that instance there is a “Negative Determination”.

a person who has native title rights and interests over a particular area of land or waters or, where there has been a determination of native title, and a prescribed body corporate (PBC) is registered on the National Native Title Register as holding native title rights and interests on trust (s 224 NTA).

see Registrar.

A statutory office holder who performs a range of native title related functions and also assists the President in the management of the administration of the Tribunal.

see native title.

the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s 223 NTA).

This is a reference to the procedures which the Queensland Government uses to assess native title for Future Acts for the State as Proponent.  The Native Title Work Procedures are broadly consistent with Council’s native title compliance system but involve much more detail.  Different steps in the Native Title Assessment Checklist are the subject of Modules in the Native Title Work Procedures.  These Modules can be of assistance where you want to check any aspect of your Native Title Assessment. Each provision within the portal has a link to the relevant work procedure for that particular provision. There is enough information in the resources to make your decision without reference to the procedures but they are useful for double checking if you are in any doubt as to whether the provision in question applies to your Future Act or not. 

an individual, group or organisation that may participate as a party to proceedings in a right to negotiate inquiry, namely the:

• government party (usually a state or territory government who proposes to do the future act)
• grantee party (the person who has requested the future act be done)
• native title party (registered native title bodies corporate or registered native title claimants) for the area where it is proposed the future act be done.

where an act, such as a lease, that would normally wholly or partially extinguish native title, does not have that effect. Rather any inconsistent native title rights and interests are merely suspended while the particular act has effect (s 238 NTA).

the 'notification day' is, among other things, the day identified in the notice of various applications under the Native Title Act as the day from which the notification period will often be calculated. A notification day is included in most of the notices given by the Native Title Registrar, and those issued under s 29 NTA by the relevant state or territory governments.