Glossary
SCHEDULED INTEREST
an interest (usually a lease of some kind) that is listed in Schedule 1 of the Native Title Act and falls within the definition found in s 249C NTA. This phrase is relevant to assessing whether there has been Extinguishment in respect of a Future Act Area from a Prior Extinguishing Tenure Grant. The grant of a Scheduled Interest is an example of a Prior Extinguishing Tenure Grant. A list of all the different types of grants which constitute a Scheduled Interest can be found at the link below:
http://www5.austlii.edu.au/au/legis/cth/consol_act/nta1993147/sch1.html
SECTION 24FA PROTECTION
This is what affords native title compliance to a Proposed Future Act which is covered by s24FA. That provision is one of the options for obtaining native title compliance under Step 5 in the Path through Native Title Assessment.
SECTION 251D AREA
This refers to the geographic area in respect of which Extinguishment arises in relation to a Public Work. The Extinguishment area may not just be the footprint of the Public Work but can also include adjacent areas which are or were necessary for, or incidental to, the construction, establishment or operation of the Public Work.
STATE AS PROPONENT
Sometimes Council may benefit from or receive a Future Act done by another proponent. For example, the State of Queensland might propose to grant Council freehold title or another tenure interest in land. In those cases, you have the State as Proponent of the Proposed Future Act. The State may still require Council to address native title compliance.
STATUS CONFERENCE (FUTURE ACT)
a meeting of the parties, similar to the preliminary conference, which is held four weeks before the first direction is due. The purpose of the status conference is to ascertain whether negotiations have been, or are likely to be, successful.
STRIKE OUT
a court order that terminates or dismisses a proceeding before the court, usually because the case is untenable. Under the Native Title Act, the Federal Court has a specific power to strike out a native title determination application, a compensation application or a revised native title determination application, if it does not comply with the requirements for making such an application (s 84C NTA).