Explanatory Statement
Native Title Act 1993
Recognition under subsection 203AD(1A)
No. 2 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 Central Queensland 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 one year from 1 July 2007. During the transition period, and within the period specified in the invitation, the Central Queensland 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 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 Central Queensland Land Council Aboriginal Corporation as the representative body for the area commences on 1 July 2007 and will cease at the end of 30 June 2008.
Authority: Subsection 203AD(1A) of the Native Title Act 1993
Overview
The Native Title Act 1993 was enacted to provide for the recognition and protection of native title rights and interests in Australian land and waters, aiming to address the problem of unrecognised traditional rights of Indigenous Australians. The Act establishes a framework for the determination of native title and its coexistence with other land rights and interests. This particular legislative instrument, made under subsection 203AD(1A) of the Act, serves to recognise the Central Queensland Land Council Aboriginal Corporation as the representative body for a transitionally affected area, ensuring continuity in representation as the transition period of native title recognition comes to an end. The instrument was issued by the Commonwealth Minister for Families, Community Services and Indigenous Affairs, with the policy objective of maintaining effective representation for native title holders during the transition period. The instrument is not regulatory and does not impose any compliance costs or competition impacts.
Scope and Application
The Native Title Act 1993, as amended by the legislative instrument F2007L02010, pertains to the recognition of the Central Queensland Land Council Aboriginal Corporation as the representative body for a transitionally affected area. This recognition applies to the specific area described in Schedule 1, and it is effective from 1 July 2007 to 30 June 2008. The instrument recognises the Central Queensland Land Council Aboriginal Corporation as the representative body on the basis that it was already recognised as such on the commencement day of the transition period and subsequently applied for continued recognition during the transition period. The Minister for Families, Community Services and Indigenous Affairs is mandated by subsection 203AD(1A) of the Act to recognise this body, with no discretion afforded in this decision. This recognition supersedes any prior recognition of the Central Queensland Land Council Aboriginal Corporation as the representative body, effective from 1 July 2007. Notably, the instrument does not impose regulatory requirements, business impacts, or compliance costs, and it is not intended to influence competition.
Key Provisions
The Native Title Act 1993 (the Act) mandates specific recognition of certain bodies as representative entities for particular areas affected by native title. Under subsection 203AD(1A), the Commonwealth Minister for Families, Community Services and Indigenous Affairs is obligated to recognise a body as the representative body for a transitionally affected area if that body was recognised as such on the commencement day of the transition period and subsequently applied for continued recognition under section 203AB. This obligation is non-discretionary, meaning the Minister must act as stipulated by the Act. The recognition process is outlined in paragraph 203AD(2A)(a) and paragraph 203AD(2)(b), which specify that the recognition takes effect on 1 July 2007 and ceases at the end of the specified recognition period. The Central Queensland Land Council Aboriginal Corporation, which was recognised as the representative body for a specific area on the commencement day of the transition period, applied for continued recognition within the specified period and has been recognised accordingly.
The obligations imposed by the Act on the entities it governs are clear and straightforward. For a body to be recognised as a representative body for a transitionally affected area, it must have been the recognised body on the commencement day of the transition period and must apply for continued recognition within the specified period. The Act mandates that the Minister provide no-cost, non-regulatory recognition to such bodies, ensuring that there are no compliance costs or competition impacts for business entities. The recognition period for the Central Queensland Land Council Aboriginal Corporation, for example, is set to run from 1 July 2007 to 30 June 2008, as stipulated in the legislative instrument.
While the Act does not specify criminal or civil penalties for non-compliance, the legal framework ensures that the recognition process is strictly adhered to. The Act provides that the prior recognition of a representative body ceases to have effect at the end of 30 June 2007, as stipulated in paragraph 203AD(2A)(a), and any failure to follow the prescribed process would result in the body losing its recognised status. This loss of recognition could have significant implications for the body's role and responsibilities in the native title process, underscoring the importance of compliance with the Act's provisions.