Native Title Act 1993. | Land Portal

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The main objects of the Act are: (a) to provide for the recognition and protection of native title; (b) to establish ways in which the future dealings affecting native title may proceed and to set standards for those dealings; (c) to establish a mechanism for determining claims to native title; and (d) to provide for, or permit, the validation of past acts invalidated because of the existence of native title (sect. 3).The text of the Act consists of 253 sections, preceded by a preamble and divided into 15 Parts. These Parts carry, inter alia, the following headings: Native title (2); Applications (3); Determinations of the Federal Court (4); Native Title Registrar (5); National Native Title Tribunal (6); Register of native title claims (7); National Native Title Register (8); Register of Indigenous Land Use Agreements (8A); National Aboriginal and Torres Strait Islander Land Fund (10); Definitions (15).Part 2 is divided into 8 divisions: Recognition and protection of native title (1); Validation of past acts (2); Validation of intermediate period acts, etc. (2A); Validation of transfers under New South Wales land rights legislation (2AA); Future acts and native title (3); Other provisions relating to native title (4); Determination of compensation for acts affecting native title etc. (5); Native title functions of prescribed bodies corporate and holding of native title in trust (6). Sections of Part 2 deal with the effect of validation of native title in relation with past acts of the Commonwealth respectively past acts of a State or Territory. Native title is recognised, and protected, in accordance with this Act (sect. 10). Native title is not able to be extinguished contrary to this Act (sect. 11). Subject to this Act, after 30 June 1993, the common law of Australia in respect of native title has the force of law of the Commonwealth. Native title holders may, under an agreement with the Commonwealth, State or Territory surrender their native title and interests in relation to land and waters.Part 3 deals with applications for the determination of a native title to the Native Title Registrar. Section 107 provides for the establishment of a Native Title Tribunal.

Implemented by: Native Title (Indigenous Land Use Agreements) Regulations 1998 (S.R. No. 286 of 1998). (1998-08-25)
Implemented by: Native Title (National Aboriginal and Torres Strait Islander Land Fund) Regulations. (1999-08-15)
Implemented by: Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction for Native Title Matters) Act 2014 (Act No. 36). (2014-11-13)
Implemented by: Native Title (Tribunal) Regulations 1993. (2010-06-30)
Implemented by: Native Title (Federal Court) Regulations 1998. (2007-08-24)
Implemented by: Native Title (Indigenous Land Use Agreements) Regulations 1999. (2006-03-22)
Implemented by: Native Title (Prescribed Bodies Corporate) Regulations 1999. (2012-03-14)
Amended by: Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995 (Act No. 20 of 1995). (1995-03-29)

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