Explanatory Statement
Native Title Act 1993
Recognition under subsection 203AD(1A)
No. 9 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 Gurang 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 Gurang 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 Gurang 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, enacted by the Australian Parliament, was established to address the legal recognition of native title and provide a framework for the determination and protection of native title rights. One of the key aspects of the Act involves the recognition of representative bodies for native title purposes, particularly in transitionally affected areas. In 2007, an instrument was made under subsection 203AD(1A) of the Act to ensure the continued recognition of certain bodies as representative entities for native title determinations. This legislative instrument recognises the Gurang Land Council Aboriginal Corporation as the representative body for a specific area, effective from 1 July 2007 until the end of 30 June 2008, facilitating the smooth transition of native title responsibilities during a defined period.
Scope and Application
The Native Title Act 1993, as amended by the legislative instrument F2007L02017, provides for the recognition of the Gurang Land Council Aboriginal Corporation as the representative body for a transitionally affected area, effective from 1 July 2007 to 30 June 2008. This legislative instrument applies specifically to the Gurang Land Council Aboriginal Corporation, which was the representative body for the area on the commencement of the transition period and subsequently applied for continued recognition. The Act mandates that the Commonwealth Minister for Families, Community Services and Indigenous Affairs must recognise this entity, as it meets the criteria outlined in subsection 203AD(1A). The geographic scope of this recognition is limited to the area specified in Schedule 1 of the instrument. The Act ceases to recognise any prior representative body at the end of 30 June 2007, and the recognition of the Gurang Land Council Aboriginal Corporation under the new subsection is non-discretionary, contingent upon the entity's prior status and application during the transition period. The instrument does not impose regulatory burdens, compliance costs, or impacts on business activities or competition.
Key Provisions
The Native Title Act 1993, as amended by the legislative instrument F2007L02017, specifies the requirements for the recognition of representative bodies for transitionally affected areas. According to subsection 203AD(1A), the Commonwealth Minister for Families, Community Services and Indigenous Affairs must recognise a body as the representative body for a specific area if that body was the representative body on the day the transition period commenced and subsequently applied under section 203AB to maintain this status during the transition period. In this instance, the Gurang Land Council Aboriginal Corporation fulfilled these criteria and was recognised under the Act.
The obligations imposed by the Act on the Gurang Land Council Aboriginal Corporation and similar bodies include the requirement to apply for recognition within the specified period and to provide any relevant information or comments that may influence the recognition terms. These bodies must also ensure they meet the criteria outlined in the Act for recognition. The Act does not mandate consultation with these bodies due to the Minister's lack of discretion in recognising them, though it does provide a mechanism for the bodies to offer input on the terms of their recognition.
In terms of consequences for breach or non-compliance, the Act does not explicitly detail criminal or civil penalties for failing to meet the criteria or obligations. However, the primary consequence would be the failure to maintain the status of the representative body, which could have significant implications for the body’s ability to represent the interests of the native title holders in the specified area. The cessation of recognition at the end of the specified period is a key consequence outlined in the Act, as the recognition under subsection 203AD(1A) ceases to have effect at the end of the day specified in the instrument of recognition.