Glossary
OBJECTION (ILUA)
any person claiming to hold native title can object to the registration of an:
- area agreement, on the basis that the requirements in relation to the certification of the application have not been met (ss 24CI and 203BE(5)(a) and (b))
- alternative procedure agreement, on the grounds that it would not be fair and reasonable to register the agreement (s 24DJ (1)).
There are other potential bars to the registration of ILUAs but they are not formal ‘objections’.
OBJECTION APPLICATION (FUTURE ACT)
registered native title claimants and registered native title bodies corporate (RNTBC) can object to a tenement grant being fast-tracked using the expedited procedure. They have four months from the notification day to lodge an objection. If the objection is successful, the development cannot go ahead without the normal negotiations required by the NTA.
OFFSHORE
See ONSHORE/OFFSHORE
ON COUNTRY
description applied to activities that take place on the relevant area of land, for example mediation conferences or Federal Court hearings can take place on or near the area covered by a native title application.
ONSHORE/OFFSHORE
As a general rule, an onshore area for the State of Queensland extends down to the low water mark and includes internal bodies of waters such as rivers, canals and heavily enclosed bays. It would also include islands off the coast of Queensland, such as Fitzroy Island down to the low water mark. However, what constitutes ‘onshore’ and what constitutes ‘offshore’ may be difficult to work out, particularly in relation to bays. E.g. coastal waters in the form of bays enclosed within the ‘jaws of the land’ form part of the inland waters and are considered onshore.