National Native Title Tribunal Amendment Regulations 1998 (No. 3)

Administered by Attorney-General's Department

Legislation au F1998B00297 Regulations Not in force Legislative Instrument

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National Native Title Tribunal Amendment Regulations 1998 (No. 3) 1998 No. 281

EXPLANATORY STATEMENT

STATUTORY RULES 1998 NO. 281

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Native Title Act 1993

NATIONAL NATIVE TITLE TRIBUNAL AMENDMENT REGULATIONS 1998 (No. 3)

Subsection 215(1) of the Native Title Act 1993 (the Act) empowers the Governor-General to make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 215(2) provides that the Governor-General may make regulations prescribing fees for certain matters under the Act including fees to be paid for inspecting the Register of Indigenous Land Use Agreements (s215(2)(a)(i)), fees to be paid to obtain access to records or information kept by the Native Title Registrar under section 98A of the Act (s215(2)(aa)(i)), and for the waiver of fees in relation to applications made to the Native Title Registrar (s215(b)(ia)).

Subsection 4(1) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make regulations, the regulations may be made before the Act comes into operation. Subsection 4(2A.) of the Acts Interpretation Act provides that regulations made in these circumstances take effect on or from the date 'specified' in the regulations, provided that that date is not earlier than the date on which the Act concerned comes into operation.

The Native Title Amendment Act 1998 (the Amendment Act) commences on 30 September 1998, except for Part 1 of Schedule 3 which commences on 30 October 1998. Subparagraph 215(2)(a)(i) is inserted in the Act by item 40 of Schedule 1 of the Amendment Act, subparagraphs 215(2)(aa)(i) and 215(b)(ia) is inserted in the Act by items 76 and 78 of Schedule 2 of the Amendment Act.

Under the old Act, applications for a determination of native title or compensation were lodged with the National Native Title Tribunal which had the function of making determinations for unopposed or agreed applications, with opposed applications being referred to the Federal Court for a determination. The Amendment Act provides for applications for a determination of native title or compensation to be made to the Federal Court, and for the Federal Court to decide all applications for a determination of native title or compensation.

The purpose of the Regulations is to delete references in the existing Regulations to native title and compensation applications being made to the National Native Title Tribunal and to make consequential amendments to the Regulations resulting from changes made by the Amendment Act.

Details of the Regulations are as follows:

Regulation 1 - Name of regulations

Regulation 1 provides that the regulations are the National Native Title Tribunal Amendment Regulations 1998.

Regulation 2 - Commencement

Regulation 2 provides that the regulations commence on 30 September 1998, the day on which the Amendment Act, other than Part 1 of Schedule 3, commences.

Regulation 3 - Amendment

Regulation 3 provides that the National Native Title Tribunal Regulations are amended as set out in these regulations.

Regulation 4 - Citation

Regulation 4 substitutes new regulation 1 which provides that the regulations will be called the Native Title (Tribunal) Regulations 1993.

Regulation 5 - Regulation 4 (Form in which certain applications are to be made)

Regulations 5 substitutes new regulation 4. Subregulation 4(1) refers to those applications that can continue to be made to the Tribunal under section 75 of the Act. Subregulation 4(2) provides for the information to be included in the application and for the documents to accompany the application.

Regulations 6 and 7 - Applications

Regulations 6 and 7 omit regulations 5 and 6. The prescribed information and documents to accompany applications made to the Tribunal is now covered by subregulation 4(2).

Regulation 8 - Regulations 7 (Lodgment of applications - fees)

Regulation 8 substitute new regulation 7 which has been amended so that it only refers to those application that can continue to be made to the Tribunal.

Regulation 9 - Regulation 8 (When fees are not payable)

Regulation 9 inserts new subregulation 8(c)(v). New subregulation 8(c)(v) provides that an application fee is not payable if the Native Title Registrar, having regard to the income, day to day living expenses, liabilities and assets of the person who is otherwise liable to pay the fee, waives the fee on the ground that payment of the fee would impose financial hardship on the person. This provision relates only to applications that can be made to the National Native Title Tribunal. The Federal Court of Australia Regulations provide a similar waiver of fees for applications filed in the Federal Court.

Regulations 10 and 11

Regulations 10 and 11 delete or change references to the Native Title Act to reflect the changes made by the Amendment Act.

Regulation 12 - Regulation 15 (Fee for inspection of Registers)

Regulation 12 amends regulation 15 to provide fees to be paid for inspecting the Register of Indigenous Land Use Agreements (s 199D(2)) and for fees to be paid to obtain access to records or information kept by the Native Title Registrar under section 98A of the Act.

Regulation 13 - Schedule 1 (Forms)

Regulation 13 consequentially amends Schedule 1 of the Regulations by omitting the forms that are no longer relevant, revises Forms 4 and 5 to reflect changes made to the Native Title Act by the Amendment Act and substitutes and new Form 6 which simplifies the wording and structure of the form.

 

Overview

The National Native Title Tribunal Amendment Regulations 1998 (No. 3), enacted in 1998, were introduced to address the changes resulting from the Native Title Amendment Act 1998, which shifted the responsibility for determining native title and compensation applications from the National Native Title Tribunal to the Federal Court. These regulations amend the existing National Native Title Tribunal Regulations to reflect this legislative shift and to ensure that the regulatory framework aligns with the new procedures established by the Amendment Act. The policy objective behind these regulations is to streamline the process for making applications and paying fees related to native title determinations and compensations, ensuring that the regulatory framework remains effective and efficient in light of the changes to the primary legislation. These regulations were issued under the authority of the Attorney-General and aim to facilitate the smooth transition of responsibilities from the Tribunal to the Federal Court.

Scope and Application

The National Native Title Tribunal Amendment Regulations 1998 (No. 3) apply to the National Native Title Tribunal, an entity established under the Native Title Act 1993. These regulations amend the National Native Title Tribunal Regulations to reflect changes introduced by the Native Title Amendment Act 1998, which altered the processes for applications related to native title determinations and compensation. The regulations address the transition of these applications from the Tribunal to the Federal Court, specifying the details of the application forms, fees, and conditions under which fees may be waived. The regulations apply nationally as they are subordinate to the Commonwealth Act and are intended to ensure the smooth functioning of the legal framework for native title applications. Any exclusions or exemptions from fees are narrowly defined and subject to the financial circumstances of the applicant, ensuring that financial hardship does not impede access to the Tribunal. The regulations extend the application of the Act by detailing specific procedural requirements and forms that must be adhered to in the application process.

Key Provisions

The National Native Title Tribunal Amendment Regulations 1998 (No. 3) primarily amend existing regulations to reflect changes introduced by the Native Title Amendment Act 1998. Regulation 3 states that these regulations amend the National Native Title Tribunal Regulations. Regulation 4 renames these regulations as the Native Title (Tribunal) Regulations 1993, effectively updating their title to align with the legislative changes. Regulation 5 updates regulation 4 concerning the form in which certain applications are to be made, ensuring they align with the new provisions under section 75 of the Native Title Act 1993. Regulation 8 modifies regulation 7 to specify that fees are applicable only to applications that can still be made to the National Native Title Tribunal, clarifying the scope of the Tribunal's jurisdiction under the amended Act. The Regulations impose several obligations on entities and individuals interacting with the National Native Title Tribunal. Regulation 4(2) mandates that specific information and documents must accompany applications made to the Tribunal, ensuring that all submissions are complete and properly formatted. Regulation 8(c)(v) introduces a condition where the Tribunal may waive application fees if payment would impose financial hardship on the applicant, reflecting a commitment to accessibility and fairness in the Tribunal's processes. Additionally, Regulation 12 modifies regulation 15 to set out the fees for inspecting the Register of Indigenous Land Use Agreements and for accessing records or information held by the Native Title Registrar, thereby formalising the administrative charges associated with these services. Breaches of the provisions within these Regulations could result in various consequences. Regulation 8(c)(v) highlights the importance of compliance with the fee waiver process, and failure to adhere to the stipulated conditions could lead to administrative penalties. Additionally, non-compliance with the requirements for lodgment of applications and the information they must contain, as outlined in Regulation 4, might result in the Tribunal rejecting the application. While the Regulations do not explicitly detail maximum penalties for breaches, such actions would fall under the broader administrative and judicial frameworks that govern the operation of the National Native Title Tribunal and the Native Title Act 1993.

Legal classification tags

Area of Law
Indigenous Peoples & Native Title Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Fees for Services
Financial Hardship Waiver

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.