Native Title Law
Future act
An act by a government or other party after the Native Title Act 1993 commenced that may affect native title rights. Future acts are subject to procedural rights under the Act, including the right to negotiate.
An act by a government or other party after the Native Title Act 1993 commenced that may affect native title rights. Future acts are subject to procedural rights under the Act, including the right to negotiate.
A future act is an act that takes place after the Native Title Act 1993 commenced and that affects native title rights or interests. Future acts are subject to the procedural rights set out in the Act, which give registered native title claimants and holders the right to be notified, to comment, and in some cases to negotiate with the government or proponent proposing the act. The right to negotiate applies to certain acts such as the grant of mining leases in an area covered by a registered claim or a determination. If negotiations fail, the matter can proceed to arbitration by the National Native Title Tribunal. The future act regime is distinct from the extinguishment regime: a future act that complies with the procedural requirements of the Act is valid even if it impairs native title, but compensation may still be payable. Future acts that do not comply with the Act may be invalid.
Related terms
Native Title Law
Native title
The recognition by Australian law of Aboriginal and Torres Strait Islander peoples' rights and interests in land and waters, held under traditional laws and customs. Recognised under the Native Title Act 1993 (Cth) where those rights have been maintained since before British sovereignty and have not been extinguished.
Native Title Law
Right to negotiate
The procedural right of registered native title claimants and holders to negotiate with governments and companies about proposed future acts. If negotiations fail, the matter can proceed to NNTT arbitration.
Native Title Law
Extinguishment
The permanent ending of native title rights over an area by a valid act under Commonwealth or State law, such as the grant of freehold title. Once extinguished, native title cannot be revived, though compensation may be payable.
What this means in practice
Native title law uses a specialist vocabulary. Understanding what a term means in its legal context helps Traditional Owner groups, PBCs and community members follow their matter, and ask better questions of their lawyer.
If the definition above raises a question specific to your claim, compensation matter or PBC, David Saylor is available to discuss it directly.