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.
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.
The right to negotiate is a procedural right under the Native Title Act 1993 (Cth) that entitles registered native title claimants and holders to negotiate with governments and proponents about proposed future acts that may affect their native title. The right applies to certain categories of future act, most importantly the grant of mining leases and compulsory acquisitions. The parties must negotiate in good faith and, if they cannot reach agreement within the negotiation period, the matter can be referred to arbitration by the National Native Title Tribunal. The NNTT can make a determination that the future act may or may not proceed, or may proceed subject to conditions. The right to negotiate is distinct from, and can be complemented by, the ILUA process, which allows parties to reach a voluntary agreement about how the proposed activity will proceed alongside the native title rights.
Related terms
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.
Native Title Law
Indigenous Land Use Agreement (ILUA)
A voluntary agreement between a native title group and other parties about the use and management of land and waters. Once registered with the NNTT, it binds all native title holders in the area.
Native Title Law
National Native Title Tribunal (NNTT)
The independent body established under the Native Title Act 1993 to register applications and ILUAs, assist in future act negotiations and support parties in native title matters. Mediation of claims is conducted by a Judicial Registrar of the Federal Court.
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.