Explanatory Statement
Native Title Act 1993
Recognition under subsection 203AD(1A)
No. 11 of 2007
This instrument is made under subsection 203AD(1A) of the Native Title Act 1993
(the Act).
This subsection, which took effect on 15 April 2007, provides that the
Commonwealth Minister for Families, Community Services and Indigenous Affairs must, by legislative instrument, recognise as the representative body for a transitionally affected area, a body that:
a) on the day the transition period commenced, was the representative body for the area as it stood on that day; and
b) during the transition period, applied under section 203AB to be the representative body for that area as it stood on the day the application was made.
Paragraph 203AD(2A)(a) of the Act provides that the prior recognition of a representative body ceases to have effect at the end of 30 June 2007.
As the representative body for the area described in Schedule 1 on the day the transition period commenced, the Kimberley Land Council Aboriginal Corporation was invited by the Minister under section 203A to apply for recognition as the representative body for the area for a period of six years from 1 July 2007. During the transition period the Kimberley Land Council Aboriginal Corporation applied for recognition as the representative body for that area.
Paragraph 203AD(2)(b) of the Act provides that recognition of a representative body under subsection 203AD(1A) takes effect on 1 July 2007. Paragraph 203AD(2A)(b) of the Act provides that the recognition of a representative body under subsection 203AD(1A) ceases to have effect at the end of the day specified in the instrument of recognition.
Subsection 203AD(1A) requires the Minister to recognise certain bodies as representative bodies (see above). Paragraph 203AD(2D)(a) requires the period for which these bodies are recognised to be the same as the period for which they were invited to apply. As the Minister has no discretion in relation to these matters, consultation about the making of the instrument was not undertaken. However, bodies that will be recognised under subsection 203AD(1A) were advised of criteria to which the Minister would have regard in making decisions about recognition periods. They were also advised that it was open to them to provide comments or information about appropriate recognition terms, and that any relevant information would be taken into account.
The instrument is not regulatory in nature, will not impact on business activity and will have no compliance costs for business or competition impact.
The instrument provides that the recognition of the Kimberley Land Council Aboriginal Corporation as the representative body for the area commences on 1 July 2007 and will cease after 30 June 2013.
Authority: Subsection 203AD(1A) of the Native Title Act 1993
Overview
The Native Title Act 1993 was enacted to address the issue of recognising the native title rights and interests of Aboriginal and Torres Strait Islander peoples in Australian law. This legislation was introduced by the Australian Parliament to provide a legal framework for the recognition, protection, and resolution of native title claims. The 2007 legislative instrument under subsection 203AD(1A) of the Native Title Act 1993 was made to specifically recognise the Kimberley Land Council Aboriginal Corporation as the representative body for a transitionally affected area, ensuring continuity in representation for native title matters during a defined period. The policy objective was to facilitate a smooth transition in the recognition of representative bodies without imposing any regulatory burdens or compliance costs on businesses.
Scope and Application
The legislation under the Native Title Act 1993 pertains to the recognition of certain bodies as representative for transitionally affected areas, specifically focusing on the Kimberley Land Council Aboriginal Corporation for a designated area. The act requires the Commonwealth Minister for Families, Community Services and Indigenous Affairs to recognise a body as the representative for a transitionally affected area if it was the representative body on the commencement day of the transition period and subsequently applied for recognition during this period. This recognition is effective from 1 July 2007 and ceases at the end of 30 June 2013, as stipulated by the legislative instrument made under subsection 203AD(1A). The instrument ensures that the period of recognition mirrors the period for which the body was invited to apply, with no discretion allowed to the Minister regarding these matters, although consultation was not deemed necessary, the involved bodies were informed of the criteria and provided an opportunity to comment on appropriate recognition terms. The instrument does not have regulatory implications, nor does it impose any compliance costs or competition impacts on businesses.
Key Provisions
The main operative sections of this legislative instrument, made under the Native Title Act 1993, are subsections 203AD(1A), 203AD(2), and 203AD(2A)(b) (subsection 203AD(2D)(a) also plays a role in setting the recognition period). Subsection 203AD(1A) mandates that the Commonwealth Minister for Families, Community Services and Indigenous Affairs recognise a specified body as the representative body for a transitionally affected area, provided that the body was recognised as such on the day the transition period began and has applied to maintain this status during the transition period. This recognition takes effect from 1 July 2007, as stated in paragraph 203AD(2), and it will cease to be effective at the end of the specified recognition period, as outlined in paragraph 203AD(2A)(b). For the Kimberley Land Council Aboriginal Corporation, this period ends on 30 June 2013.
The Act imposes certain obligations on the recognised representative bodies, primarily concerning the continued recognition and representation of native title rights and interests within their respective areas. These bodies must meet the criteria set forth by the Minister, which includes maintaining their status as the recognised representative body for the transitionally affected area. They are also required to provide any relevant information or comments about the terms of recognition, which the Minister may consider when determining the period of recognition.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the Act for breaches of the obligations imposed on the recognised bodies. However, failure to meet the criteria or to provide necessary information might indirectly affect the period of recognition or the body's status as the representative body. It is important to note that the instrument is not regulatory in nature and will not impact business activity, impose compliance costs, or affect competition.