Native Title (Recognition as Representative Body–Goldfields Land and Sea Council) Instrument 2016

Administered by Department of the Prime Minister and Cabinet

Legislation au F2016L00827 Not in force Legislative Instrument

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Explanatory Statement

 

Issued by the authority of the Minister for Indigenous Affairs

 

Native Title Act 1993

 

 

Native Title (Recognition as Representative Body–Cape York Land Council) Instrument 2016  

 

Native Title (Recognition as Representative Body–Central Land Council) Instrument 2016

 

Native Title (Recognition as Representative Body–Goldfields Land and Sea Council) Instrument 2016

 

Native Title (Recognition as Representative Body–Kimberley Land Council) Instrument 2016

 

Native Title (Recognition as Representative Body–Northern Land Council) Instrument 2016 

 

Native Title (Recognition as Representative Body–North Queensland Land Council) Instrument 2016

 

Native Title (Recognition as Representative Body–Yamatji Marlpa Aboriginal Corporation) Instrument 2016

 

 

These instruments are made under subsection 203AD(1) of the Native Title Act 1993 (the Act).

 

Under subsection 203AD(1), the Minister may, by legislative instrument, recognise,  as the representative body for an area or areas, an eligible body that has applied under section 203AB to be the representative body for the area or areas if the

Minister is satisfied that:

 

(a)  if the body is already a representative body, it satisfactorily performs its existing functions; and

 

(b)  the body would be able to perform satisfactorily the functions of a representative body.

 

Subsection 203AD(3A) of the Act provides that the period of recognition specified in the instrument of recognition must be at least one year but no more than six years.

 


The following seven bodies are currently recognised as representative bodies for the period of 1 July 2015 – 30 June 2016 and it is proposed to recognise them for a further two year period from 1 July 2016 – 30 June 2018:

 

  • Cape York Land Council Aboriginal Corporation.
  • Central Land Council.
  • Goldfields Land and Sea Council Aboriginal Corporation.
  • Kimberley Land Council Aboriginal Corporation.
  • Northern Land Council.
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation.
  • Yamatji Marlpa Aboriginal Corporation.

 

In accordance with section 203A of the Act, the Minister invited the representative bodies listed above to apply for recognition as the representative body for the area described in the Schedules to each instrument of recognition as a Representative Body for the period of 1 July 2016 – 30 June 2018.

 

On the basis of the information provided, the Minister was satisfied each of the invited bodies satisfactorily perform its existing functions and would be able to continue to perform satisfactorily the functions of a representative body as required under section 203AD of the Act. The Minister subsequently decided to recognise each of the invited bodies for the areas described in the Schedules to each instrument of recognition as a Representative Body for the period of 1 July 2016 – 30 June 2018. In determining the period of recognition, the Minister considered the matters specified in subsection 203AD(3B) of the Act.   

 

The instruments provide that the recognition of each of the invited bodies takes effect on 1 July 2016 and ceases to have effect on 30 June 2018. 

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

The instruments also revoke, with effect from the date the recognition takes effect, the following current recognition instruments:  

 

  • Recognition as Representative Aboriginal/Torres Strait Islander Body 2015 (No. 1)
  • Recognition as Representative Aboriginal/Torres Strait Islander Body 2015 (No. 2)
  • Recognition as Representative Aboriginal/Torres Strait Islander Body 2015 (No. 3)
  • Recognition as Representative Aboriginal/Torres Strait Islander Body 2015 (No. 6)
  • Recognition as Representative Aboriginal/Torres Strait Islander Body 2015 (No. 7)
  • Recognition as Representative Aboriginal/Torres Strait Islander Body 2015 (No. 8)
  • Recognition as Representative Aboriginal/Torres Strait Islander Body 2015 (No. 9)

 

The instruments are legislative instruments for the purposes of the Legislation Act 2003. 

 

The Office of Best Practice Regulation has advised a Regulatory Impact Statement is not required.

Consultation

 

Applications from each of the invited bodies were subject to the required assessment process after which the Minister decided to continue to recognise each of the invited bodies as representative bodies for the areas described in the Schedules to each instrument of recognition as a Representative Body. In this context, the extent of consultation is reasonably limited to the representative bodies involved and the expert advice of Departmental Officers.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

The instruments are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Instruments

 

The instruments provide for the recognition of representative bodies in most areas where representative bodies are currently recognised as described in the schedules to the instruments. Among other things, the role of representative bodies is to facilitate and assist registered native title bodies corporate, native title holders and native title claimants to gain formal recognition of their native title rights and in the exercise of those rights.

 

Human rights implications

 

The instruments engage the following human rights:

  • the right to enjoy and benefit from culture, and
  • the right to self-determination.

 

The right to enjoy and benefit from culture

 

The right to enjoy and benefit from culture is contained in Article 27 of the International Covenant on Civil and Political Rights (ICCPR) and Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).  Article 27 of the ICCPR protects the rights of individuals belonging to minorities within a country to enjoy their own culture. Article 15 of the ICESCR protects the right of all persons to take part in cultural life.

 

The United Nations Human Rights Committee has stated that culture can manifest itself as a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples, which may include such traditional activities as fishing or hunting and the right to live on lands protected by law.[1] The United Nations Committee on Economic, Social and Cultural Rights has stated that Indigenous peoples’ cultural values and rights associated with their ancestral lands and their relationship with nature should be regarded with respect and protected.[2]

 

The Native Title Act 1993 (the Act) as a whole promotes the rights to enjoy and benefit from culture by creating processes through which native title can be recognised, and providing protection for native title rights and interests. 

 

The right to self-determination

 

The right to self-determination is a collective right applying to groups of ‘peoples’.  This is in contrast to the rights to culture which protect the rights of individuals within a group. The right to self-determination, as set out in Article 1 of the ICCPR and Article 1 of the ICESCR, entails the entitlement of peoples to have control over their destiny and to be treated respectfully. This includes peoples being free to pursue their economic, social and cultural development. 

 

The principles contained in the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) are also relevant to the instruments. While the Declaration is not included in the definition of ‘human rights’ under the Human Rights (Parliamentary Scrutiny) Act 2011, it provides some useful context on how human rights standards under the international treaties apply to the particular situation of Indigenous peoples. 

 

In particular, the following Articles are relevant to the instrument:

  • Article 8(2)(a) provides that States shall provide effective mechanisms for prevention of, and redress for any action which has the aim or effect of depriving Indigenous peoples of their integrity as distinct peoples, or of their cultural values or ethnic identities.
  • Article 8(2)(b) provides that States shall provide effective mechanisms for prevention of, and redress for any action which has the effect of dispossessing Indigenous peoples of their lands, territories or resources. 
  • Article 26(3) provides that States shall give legal recognition and protection to these lands, territories and resources.
  • Article 27 provides that States shall establish and implement, in conjunction with Indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to Indigenous peoples’ laws, traditions, customs and land tenure systems, to recognise and adjudicate the rights of Indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used.

 

It is important that appropriate bodies are recognised to represent Aboriginal and Torres Strait Islander people and to assist them to pursue their native title rights and interests.

 

The instruments are a key component of the special procedures in the Act for recognising native title rights and interests. Providing ongoing recognition for the invited bodies will further advance the ability of Aboriginal and Torres Strait Islander peoples to achieve self-determination through pursuing economic, social and cultural development in relation to native title.

 

Conclusion

The instruments are compatible with human rights because they advance human rights particularly the right to enjoy and benefit from culture and the right to self‑determination.

 

[1] United Nations Human Rights Committee, General Comment No. 23 (1994).

[2] The Committee on Economic, Social and Cultural Rights, General Comment No. 21 (2009).

Overview

The Native Title Act 1993 was enacted to address the problem of recognising and protecting the native title rights and interests of Aboriginal and Torres Strait Islander peoples in Australia. This Act was introduced by the Parliament of Australia to provide a framework for the recognition, protection and administration of native title rights. The Act allows for the recognition of representative bodies to assist in the pursuit of native title rights and interests by Aboriginal and Torres Strait Islander peoples. The Native Title (Recognition as Representative Body) Instruments 2016 were made under the authority of the Minister for Indigenous Affairs to recognise specific bodies as representative bodies for certain areas, providing them with the legal status to facilitate and assist native title holders and claimants. These instruments aim to ensure that the recognised bodies continue to perform their functions effectively, thereby advancing the rights to culture and self-determination of Indigenous peoples in accordance with international human rights standards.

Scope and Application

The Native Title (Recognition as Representative Body) Instruments 2016, made under subsection 203AD(1) of the Native Title Act 1993, pertain to the recognition of specific Aboriginal and Torres Strait Islander representative bodies in Australia for the period of 1 July 2016 to 30 June 2018. The Act allows the Minister for Indigenous Affairs to recognise eligible bodies that have applied to be representative bodies if certain criteria are met. The seven recognised bodies for this period are the Cape York Land Council Aboriginal Corporation, Central Land Council, Goldfields Land and Sea Council Aboriginal Corporation, Kimberley Land Council Aboriginal Corporation, Northern Land Council, North Queensland Land Council Native Title Representative Body Aboriginal Corporation, and Yamatji Marlpa Aboriginal Corporation. These instruments revoke previous recognition instruments from 2015, and their recognition takes effect on 1 July 2016, ceasing on 30 June 2018. The legislative instruments are compatible with human rights, particularly the right to enjoy and benefit from culture and the right to self-determination, as they facilitate the pursuit of native title rights and interests by Aboriginal and Torres Strait Islander peoples.

Key Provisions

The primary operative sections of the Native Title (Recognition as Representative Body – [Insert Body Name]) Instruments 2016 pertain to the recognition of specified bodies as representative bodies under the Native Title Act 1993. Specifically, these instruments recognise the Cape York Land Council Aboriginal Corporation, Central Land Council, Goldfields Land and Sea Council Aboriginal Corporation, Kimberley Land Council Aboriginal Corporation, Northern Land Council, North Queensland Land Council Native Title Representative Body Aboriginal Corporation, and Yamatji Marlpa Aboriginal Corporation as representative bodies for the period of 1 July 2016 to 30 June 2018 (subsection 203AD(3A)). The recognition process, as stipulated in subsection 203AD(1) of the Act, requires the Minister for Indigenous Affairs to be satisfied that the bodies already perform their existing functions satisfactorily and can continue to perform the functions of a representative body. These instruments impose certain obligations on the recognised bodies, primarily to continue performing their existing functions satisfactorily. The bodies must assist and facilitate registered native title bodies corporate, native title holders, and native title claimants to gain formal recognition of their native title rights and in the exercise of those rights. This is in line with the role of representative bodies under the Native Title Act 1993. The recognised bodies are expected to adhere to the statutory requirements and to act in the best interests of the Aboriginal and Torres Strait Islander communities they represent. The instruments outline the consequences of breaches of the obligations and requirements set out within them. Under the Acts Interpretation Act 1901, the power to make these legislative instruments includes the power to repeal, rescind, revoke, amend, or vary any such instrument. This ensures that the Minister has the flexibility to adjust the recognition if necessary. Additionally, the instruments revoke the previous recognition instruments effective from the date the new recognition takes effect, ensuring a smooth transition. Failure to comply with the obligations could potentially lead to the revocation of recognition, which would deprive the recognised bodies of their status and associated responsibilities. In terms of penalties and consequences, the instruments themselves do not explicitly outline penalties for non-compliance. However, the overarching framework of the Native Title Act 1993 and related legislation may impose penalties or sanctions for breaches. For instance, non-compliance with the statutory duties of a representative body could potentially lead to legal actions or administrative penalties. The seriousness of any breach would depend on the specific circumstances and the impact on the native title rights and interests of the communities involved.

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Area of Law
Indigenous Peoples & Native Title Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
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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.