Glossary
RECONSIDERATION BY THE TRIBUNAL
if a claim is not accepted for registration under s190A of the Native Title Act, then (in some cases) the applicant can ask the National Native Title Tribunal to reconsider the claim made in the application for registration (s 190E NTA).
REGISTER OF INDIGENOUS LAND USE AGREEMENTS
a record of all Indigenous land use agreements that have been registered. An ILUA can only be registered when there are no obstacles to registration or when those obstacles have been resolved.
REGISTER OF NATIVE TITLE CLAIMS
the record of native title claimant applications that have been filed with the Federal Court, referred to the Native Title Registrar and generally have met the requirements of the registration test.
REGISTERED NATIVE TITLE BODY CORPORATE (RNTBC)
a prescribed body corporate (PBC) nominated by native title holders to represent them and manage their native title rights and interests once a determination that native title exists has been made. Once the court determines that the corporation is to be the PBC, it is entered onto the National Native Title Register as a registered native title body corporate (ss 193(2)(e) and 253 NTA). This is the Native Title Party for a Future Act Area where there is a Native Title Determination recognising the existence of native title. It is a corporation which either holds the native title in trust for the Aboriginal group or acts as the agent of the Aboriginal group in relation to native title. At the time of Version 1 (April 2015) of these procedures, there was no Registered Native Title Body Corporate for any part of Council’s local government area.
REGISTERED NATIVE TITLE CLAIMANT/S
a person or persons whose name(s) appear as ‘the applicant’ in relation to a claim that has met the conditions of the registration test and is on the Register of Native Title Claims. – A Native Title Claim is made in the Federal Court on behalf of an Aboriginal group by one or more group representatives. Those people are authorised by the group to bring the claim. In the court proceedings they are referred to as the “applicant”. Once a Native Title Claim is registered, those people are, for native title compliance purposes, technically referred to as the Registered Native Title Claimant. For example, it is the Registered Native Title Claimant which is named as a party to an ILUA or to whom Notification and other actions to satisfy Procedural Rights need to be directed.
REGISTRAR
See Native Title Registrar.
A statutory office holder who performs a range of native title related functions and who also assists the President in the administration of the management of the Tribunal.
REGISTRATION TEST
a set of conditions under the Native Title Act that is applied to native title claimant applications. If an application meets all the conditions, it is included in the Register of Native Title Claims, and the claimants then gain the right to negotiate, together with certain other rights, while their application is under way.
REGULATION
A form of delegated legislation i.e. legislation made by a non-parliamentary body acting according to an Act of parliament where things are or may be, prescribed by regulations (ss 215 and 253 NTA).
REPRESENTATIVE ABORIGINAL/TORRES STRAIT ISLANDER BODY
see Native Title Representative Bodies.
RATSIBs, also known as Native Title Representative Bodies (NTRBs) or representative bodies (rep bodies). These organisations are recognised and funded by the Commonwealth Government to perform a variety of functions under the Native Title Act. These functions include assisting native title holders to access and exercise their rights under the Native Title Act, certifying applications for determinations of native title and area agreements (ILUA), resolving intra-indigenous disputes, agreement making and ensuring that notices given under the Act are bought to the attention of the relevant people. Under the Native Title Act 1993, every part of Australia falls within a region where a native title representative body or a native title services provider (together called a “Representative Body”), have jurisdiction. The role of the Representative Body is to provide legal services and other assistance to Native Title Parties. The Representative Body for the whole of Council’s local government area is called Queensland South Native Title Services Limited. Contact details for it are contained in Appendix D.
REVISED NATIVE TITLE DETERMINATION APPLICATION
the revocation or variation of an existing approved determination of native title (ss13(1) and 61 NTA).
RIGHT TO NEGOTIATE
the right of registered native title claimants or registered native title body corporates to be involved in discussions about— but not veto—certain types of future acts (usually the grant of a mining tenement but occasionally an act of compulsory acquisition). Where the right to negotiate applies, negotiations ‘in good faith’ must occur before the future act can be done. If no agreement is reached an application can be made to the National Native Title Tribunal to determine whether the act can be done and if so under what, if any, conditions (Subdivision P Division 3 Part 2 NTA).