EXPLANATORY STATEMENT
Issued by the Minister for Families, Housing, Community Services and Indigenous Affairs
Native Title Act 1993
Variation of Area of Representative Aboriginal/Torres Strait Islander Bodies 2008 (No. 1)
Section 203AF of the Native Title Act 1993 (the Act), provides that the Minister may vary the areas for which native title representative bodies are the representative bodies on joint application of the bodies.
The North Queensland Land Council Native Title Representative Body Aboriginal Corporation (NQAC) and the Central Queensland Land Council Aboriginal Corporation (CQAC) wrote to the Minister asking the Minister to vary the area for which the NQAC is the representative body to include the area for which the CQAC is the representative body. The recognition of the CQAC as a native title representative body expires on 30 June 2008 and this boundary change will allow a smooth transition between representative bodies for the area.
Subsection 203AF(2) requires the Minister to be satisfied that, after the variation, the NQAC will satisfactorily perform its functions as the representative body for the area. The Minister is satisfied that after the variation the NQAC will satisfactorily perform its functions as the representative body for the area, because NQAC has demonstrated its ability to perform well in its existing area and received a recognition period of the maximum possible six years in its assessment in 2007.
Section 203AF does not require the Minister to consult on her intention to give effect to the request by varying the areas of the representative bodies. The Minister wrote to NQAC and CQAC on 17 January 2007 advising her agreement to the requested boundary change.
The variation takes effect from midnight on 30 June 2008.
The variation is a legislative instrument.
The instrument is not regulatory in nature, will not impact on business activity and will have no compliance costs for business or competition impact.