Native Title Legislation Amendment Act 2021
No. 6, 2021
An Act to amend the law relating to native title, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Role of the applicant
Part 1—Authorisation
Native Title Act 1993
Part 2—Applicant decision making
Native Title Act 1993
Part 3—Replacement of applicant
Native Title Act 1993
Schedule 2—Indigenous land use agreements
Part 1—Body corporate agreements and area agreements
Native Title Act 1993
Part 2—Deregistration and amendment
Native Title Act 1993
Schedule 3—Historical extinguishment
Part 1—Park areas
Division 1—Amendments commencing on Proclamation
Native Title Act 1993
Division 2—Amendments commencing immediately after Part 2 of Schedule 4
Native Title Act 1993
Part 2—Pastoral leases held by native title claimants
Native Title Act 1993
Schedule 4—Allowing a registered native title body corporate to bring a compensation application
Part 1—Amendments commencing on Proclamation
Native Title Act 1993
Part 2—Amendments commencing immediately after Part 1 of Schedule 1
Native Title Act 1993
Schedule 5—Intervention and consent determinations
Part 1—Intervention in proceedings
Native Title Act 1993
Part 2—Consent determinations
Native Title Act 1993
Schedule 6—Other procedural changes
Part 1—Objections
Native Title Act 1993
Part 2—Section 31 agreements
Native Title Act 1993
Part 3—Evaluation
Native Title Act 1993
Schedule 7—National Native Title Tribunal
Native Title Act 1993
Schedule 8—Registered native title bodies corporate
Part 1—Requirements for constitutions
Corporations (Aboriginal and Torres Strait Islander) Act 2006
Part 2—Refusal of membership
Corporations (Aboriginal and Torres Strait Islander) Act 2006
Part 3—Registrar oversight
Corporations (Aboriginal and Torres Strait Islander) Act 2006
Part 4—Courts
Corporations (Aboriginal and Torres Strait Islander) Act 2006
Schedule 9—Just terms compensation and validation
Native Title Legislation Amendment Act 2021
No. 6, 2021
An Act to amend the law relating to native title, and for related purposes
[Assented to 16 February 2021]
The Parliament of Australia enacts:
1 Short title
This Act is the Native Title Legislation Amendment Act 2021.
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. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 16 February 2021 |
2. Schedule 1, Part 1 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 25 March 2021 (F2021N00045) |
3. Schedule 1, Parts 2 and 3 | The day after the end of the period of 6 months beginning on the day the provisions covered by table item 2 commence. | 25 September 2021 |
4. Schedule 2 | At the same time as the provisions covered by table item 2. | 25 March 2021 |
5. |
Overview
The Native Title Legislation Amendment Act 2021 was enacted to amend the law relating to native title and address gaps in existing legislation. The Act was passed by the Parliament of Australia and received Royal Assent on 16 February 2021. Its primary objective is to enhance the framework for native title determinations, agreements, and compensation applications while ensuring the rights and interests of native title holders are adequately protected. The Act makes several amendments to the Native Title Act 1993, including changes to the roles and responsibilities of applicants, the processes for making native title determinations, and the procedures for approving and amending indigenous land use agreements. Additionally, it introduces provisions for the replacement of applicants in certain circumstances, allows registered native title bodies corporate to bring compensation applications, and provides for the validation of certain section 31 agreements made before the Act's commencement. The Act also includes measures to address historical extinguishment of native title rights and interests, particularly in relation to areas designated as parks or other protected areas.
Scope and Application
The Native Title Legislation Amendment Act 2021 is a Commonwealth Act that amends the Native Title Act 1993. The Act applies to native title claimants, registered native title bodies corporate, native title parties, and the Federal Court, among others. It impacts the processes for making applications, authorising applicants, and negotiating and approving agreements, as well as the conditions under which compensation may be sought. The Act also amends the Corporations (Aboriginal and Torres Strait Islander) Act 2006 in relation to registered native title bodies corporate, their constitutions, and membership requirements. The Act applies across Australia, as it is a Commonwealth Act, and extends to all native title applications and agreements made after the Act's provisions come into effect. Certain provisions apply prospectively only, meaning they apply only to applications and agreements made after specific commencement dates outlined in the Act. Subordinate instruments may extend or restrict the application of the Act, but this is not detailed in the provided text.
Key Provisions
- The Native Title Legislation Amendment Act 2021 makes several amendments to the Native Title Act 1993. The amendments focus on enhancing the role of applicants, clarifying the requirements for agreements, and addressing various procedural aspects. Key sections include provisions for the role of the applicant, replacement of applicants, Indigenous land use agreements, historical extinguishment, intervention and consent determinations, and other procedural changes.
- The Act imposes obligations on applicants to ensure they are duly authorised and to comply with any conditions set by native title claimants. For example, applicants must provide affidavits stating their belief in the existence of native title rights, the truth of their statements, and their authorisation by all relevant parties. Furthermore, conditions can be imposed on the authority of applicants, which must be adhered to, with potential consequences including replacement of the applicant or a Federal Court order.
- Breaching the conditions imposed on authority can lead to serious consequences, including replacement of the applicant or a Federal Court order. The Act also introduces civil and criminal penalties for non-compliance with its provisions. For instance, offences related to native title determination applications can incur penalties under section 186, which may include fines or imprisonment. Additionally, the Act specifies that the Federal Court has jurisdiction over matters arising from its provisions, with exclusive jurisdiction in certain cases.
- The amendments introduced by the Act apply to various scenarios, including applications made after the commencement of the Act, agreements in respect of which an application for registration is made after the commencement, and proceedings that are filed with the Federal Court after the commencement. This ensures that the changes are implemented in a phased manner, allowing for adjustments and compliance by the relevant parties.
- Area of Law
- Indigenous Peoples & Native Title Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Regulatory Standards
- Rights & Protections
