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

Administered by Department of the Prime Minister and Cabinet

Legislation au F2016L00824 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 (Recognition as Representative Body) Instruments 2016, made under the authority of the Minister for Indigenous Affairs, are legislative instruments designed to recognise certain bodies as representative entities for Aboriginal and Torres Strait Islander peoples in relation to native title rights. Enacted in 2016, these instruments address the need to ensure that appropriate and capable bodies are recognised to assist Aboriginal and Torres Strait Islander peoples in pursuing their native title rights and interests. The Minister for Indigenous Affairs has the authority to recognise these bodies under subsection 203AD(1) of the Native Title Act 1993, provided the bodies satisfactorily perform their existing functions and are capable of continuing to do so. These instruments aim to support the self-determination of Aboriginal and Torres Strait Islander peoples by facilitating their engagement with native title processes and protecting their cultural heritage and land rights. The recognition period specified in these instruments is for two years, from 1 July 2016 to 30 June 2018, and they also serve to revoke previous recognition instruments issued in 2015.

Scope and Application

The Native Title (Recognition as Representative Body) Instruments 2016 apply to the recognition of specific Aboriginal and Torres Strait Islander representative bodies as designated under the Native Title Act 1993. These instruments specifically recognise seven bodies, including 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 designated areas over a two-year period from 1 July 2016 to 30 June 2018. The Act applies on a national level across Australia, with these recognition instruments functioning under the overarching framework provided by the Native Title Act 1993. The recognition process is subject to certain conditions and criteria, including the satisfactory performance of existing functions and the ability to perform future functions as a representative body. The geographic reach of these instruments spans the specific areas described in the schedules to each recognition instrument, thereby affecting the regions where these representative bodies have jurisdiction. The instruments also revoke previous recognition instruments issued in 2015, aligning with the provisions of the Acts Interpretation Act 1901 and the Legislation Act 2003. There are no stated exclusions or exemptions within the scope of these instruments; however, the power to repeal, rescind, revoke, amend, or vary these instruments is available under the Acts Interpretation Act 1901.

Key Provisions

The Native Title (Recognition as Representative Body–Cape York Land Council) Instrument 2016 and the other related instruments made under section 203AD(1) of the Native Title Act 1993 (the Act) serve to recognise specific bodies as representative bodies for defined areas. These instruments permit the Minister for Indigenous Affairs to recognise an eligible body, which has applied under section 203AB, if the Minister is satisfied that the body satisfactorily performs its existing functions and would be able to perform the functions of a representative body. The period of recognition must be between one and six years (subsection 203AD(3A)). The seven bodies recognised for the period 1 July 2016 – 30 June 2018 are the Cape York Land Council Aboriginal Corporation, the Central Land Council, the Goldfields Land and Sea Council Aboriginal Corporation, the Kimberley Land Council Aboriginal Corporation, the Northern Land Council, the North Queensland Land Council Native Title Representative Body Aboriginal Corporation, and the Yamatji Marlpa Aboriginal Corporation. The Minister has determined that these bodies will continue to be recognised as representative bodies for the specified areas during the period of 1 July 2016 to 30 June 2018, based on their satisfactory performance and ability to perform the necessary functions. These instruments impose several obligations on the recognised representative bodies. Primarily, they must ensure that they satisfactorily perform their functions, which include facilitating and assisting registered native title bodies corporate, native title holders, and native title claimants in gaining formal recognition of their native title rights and in the exercise of those rights. The recognised bodies are also required to comply with the conditions and requirements set out in the respective instruments and the Act. Furthermore, these bodies must adhere to any additional terms and conditions specified in their recognition instruments. The Act and the related instruments establish certain consequences for non-compliance. While the Act does not explicitly outline specific offences or penalties for breaches, the authority to recognise and revoke recognition of representative bodies implies that failure to meet the required standards or engage in unauthorised activities could lead to the revocation of recognition. This could have significant implications for the bodies' ability to perform their functions and their legitimacy in representing native title holders and claimants. Additionally, under the Legislation Act 2003, the instruments have the power to repeal, rescind, revoke, amend, or vary any such instrument, reinforcing the potential consequences for non-compliance.

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

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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.