Native Title Amendment (Infrastructure and Public Facilities) Act 2020
No. 113, 2020
An Act to amend the Native Title Act 1993, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Native Title Act 1993
Native Title Amendment (Infrastructure and Public Facilities) Act 2020
No. 113, 2020
An Act to amend the Native Title Act 1993, and for related purposes
[Assented to 8 December 2020]
The Parliament of Australia enacts:
1 Short title
This Act is the Native Title Amendment (Infrastructure and Public Facilities) Act 2020.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 9 December 2020 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Native Title Act 1993
1 Subparagraphs 24JAA(1)(d)(i) and (ii)
Omit “10 years”, substitute “20 years”.
[Minister’s second reading speech made in—
House of Representatives on 8 October 2020
Senate on 9 November 2020]
Overview
The Native Title Amendment (Infrastructure and Public Facilities) Act 2020 was enacted by the Parliament of Australia to address the need for balancing infrastructure development and public facilities with the rights and interests of native title holders. The Act amends the Native Title Act 1993 to extend the duration of certain native title determinations, specifically subparagraphs 24JAA(1)(d)(i) and (ii), from 10 years to 20 years. The policy objective behind this amendment is to provide greater certainty and stability to infrastructure and public facility projects, facilitating their development while also recognising and accommodating the rights of native title holders. This Act came into effect the day after receiving Royal Assent on 9 December 2020.
Scope and Application
The Native Title Amendment (Infrastructure and Public Facilities) Act 2020 applies to amendments of the Native Title Act 1993, primarily focusing on extending the duration of certain determinations regarding native title claims and the impact of infrastructure projects on native title rights. The Act applies to the persons and entities involved in native title claims and the development of infrastructure and public facilities, extending its reach to any conduct or transactions that might affect the determination of native title rights or the implementation of infrastructure projects. The jurisdictional reach of the Act is national, as it amends a Commonwealth Act, thereby applying across Australia. The Act does not specify any exclusions, exemptions, or thresholds within its primary text, though it should be noted that the Native Title Act 1993 itself contains provisions that may exclude certain types of claims or circumstances. The Act may extend its application through subordinate instruments, such as regulations or guidelines, which would further define the implementation and interpretation of the amended provisions.
Key Provisions
The Native Title Amendment (Infrastructure and Public Facilities) Act 2020 introduces significant changes to the Native Title Act 1993, particularly in relation to infrastructure and public facilities projects. Section 1 of the Act clarifies that it is the Native Title Amendment (Infrastructure and Public Facilities) Act 2020, and it commenced on 9 December 2020, the day after receiving Royal Assent. The Act amends the Native Title Act 1993 by extending the period within which a person who has entered into a native title determination or agreement must give notice to the holder of the native title (subsection 24JAA(1)(d)(i) and (ii) of the Native Title Act 1993). Specifically, it extends the notice period from 10 years to 20 years.
The Act imposes several obligations on parties involved in infrastructure and public facilities projects. For instance, it requires that any person who intends to undertake an action that might affect native title must provide notice to the relevant native title holders at least 20 years after the determination or agreement was made (subsection 24JAA(1)(d)(i) and (ii)). This extended period ensures that native title holders have sufficient time to assess the potential impact of the proposed actions on their rights. Moreover, the Act mandates that any person seeking to conduct activities that may affect native title must engage in good-faith negotiations with the native title holders to reach a resolution that respects both the proposed development and native title rights.
Failure to comply with the obligations and requirements of the Act can lead to various consequences. While the Act does not explicitly state criminal or civil penalties, non-compliance could result in legal challenges and disputes, potentially leading to court orders to halt the proposed activities or require additional negotiations. Additionally, persistent failure to comply with the Act's provisions might attract scrutiny from regulatory bodies, leading to further legal and financial repercussions for the non-compliant party. The Act's focus is primarily on ensuring that all parties involved in infrastructure and public facilities projects adequately consider and respect native title rights, thereby promoting a balanced approach to development and heritage preservation.