Guide to
Government Business
under the Commonwealth
Native Title Act 1993
Version 1
Approved by Cabinet
24 June 2013
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
Foreword
I am pleased to be able to present the West Australian Guide to Government
Business under the Commonwealth Native Title Act 1993.
Western Australia is more exposed to the Native Title Act 1993 (NTA) than any other
jurisdiction in Australia. Approximately 85 per cent of the State is subject to either a
native title claim or has already received a Federal Court determination which
recognises the existence of native title rights and interests. Furthermore, Western
Australia grants the highest number of land and mineral licenses and titles in
Australia, most of which must comply with the future act regime of the NTA.
This Guide is the first attempt to draw together legal and policy advice that will assist
individual arms of government in Western Australia to manage their obligations
under the NTA. It is an outcome of the adoption of a whole-of-government approach
to native title management since 2011, and from the promotion of better
communication within government about native title and Aboriginal heritage. Fittingly,
the Guide has been produced with expertise gathered from across state government
agencies. This document will be subject to annual review in order to maintain its
purpose as a practical guide.
The Guide is cross-referenced to a number of policies and procedures located on the
website of the Department of the Premier and Cabinet and the Department of
Aboriginal Affairs. For further advice about any feature of the Guide please contact
the Land, Approvals and Native Title Unit, Department of the Premier and Cabinet.
Hon. Michael Mischin, MLC
ATTORNEY GENERAL; MINISTER FOR COMMERCE
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
Contents
Foreword
Introduction ................................................................................................................ 1
Access to Land and Water ...................................................................................... 1
1.0
Laws of General Application ...................................................................... 1
2.0
Access to Determined Land by Public Officers .......................................... 1
3.0
Public Access to Land and Water .............................................................. 1
Access to Natural Resources .................................................................................. 2
4.0
Access to Minerals and Petroleum ............................................................ 2
5.0
Access to Water ........................................................................................ 3
6.0
Carbon Farming ........................................................................................ 3
Government Native Title Business Activities ........................................................... 4
7.0
Planning .................................................................................................... 4
8.0
Government Future Acts ........................................................................... 4
9.0
Strategic Land Initiatives ........................................................................... 5
10.0 The Right to Negotiate .............................................................................. 5
11.0 Native Title Compensation ........................................................................ 5
12.0 Compulsory Acquisition of Native Title Rights ........................................... 6
13.0 Native Title Arbitration ............................................................................... 7
14.0 The Government Indigenous Land Use Agreement. ................................. 7
15.0 Public Sector Accountability in Negotiations.............................................. 8
16.0 Governance Principles for Native Title Agreements .................................. 8
Aboriginal Heritage ................................................................................................. 9
17.0 Due Diligence Guidelines for Aboriginal Heritage ...................................... 9
18.0 Engagement of Aboriginal Heritage Monitors .......................................... 10
19.0 The Government Standard Heritage Agreements ................................... 10
Government Communications............................................................................... 10
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
20.0 The Inter-Agency Reference Group on Native Title and Aboriginal
Heritage ............................................................................................................. 10
Explanation of Terms ............................................................................................... 12
Further Information ................................................................................................... 15
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
Introduction
Western Australian Government (WA Government) agencies have an obligation to
consider the interests of the State in all government business involving native title
rights and interests. The purpose of this Guide is to assist WA Government agencies
to meet their obligations under the Commonwealth Native Title Act 1993 (Cth)(NTA)
and to build consistency and cost-effectiveness across government.
For an explanation of terms used in this Guide please refer to page 12.
Access to Land and Water
1.0
Laws of General Application
The Federal Court’s recognition of native title rights over an area of land or water
does not impact on State and Commonwealth laws of general application. Nothing
in a native title determination amends existing laws or limits normal administration by
public officers. Consent determinations include statements that the native title rights
and interests are exercisable in accordance with the laws of the State and the
Commonwealth, including the common law.
2.0
Access to Determined Land by Public Officers
Following a successful native title determination there is no change to the right of
access to the area covered by the determination (‘the determination area’) by:
a) an employee, agent or instrumentality of the State;
b) an employee, agent or instrumentality of the Commonwealth; or
c) an employee, agent or instrumentality of any local government authority,
as required in the performance of his or her statutory or common law duty.
3.0
Public Access to Land and Water
Unless there are exemptions explicitly stated in a native title determination, the rights
and interests of members of the public arising under common law are preserved in
the determination area. Public access to a determination area includes but is not
limited to:
a) the public right to fish;
b) the public right to navigate;
1
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
c) the right of any person to use any road in the determination area (subject to
the laws of Western Australia) over which, as at the date of the determination,
members of the public have a right of access under common law;
d) waterways;
e) beds and banks or foreshores of waterways;
f) coastal waters;
g) beaches;
h) stock routes; and
i) areas that were public places on or before 31 December 1993.
Access to Natural Resources
4.0
Access to Minerals and Petroleum
A native title determination does not confer any rights in relation to:
a) minerals as defined in the Mining Act 1904 (WA) (repealed) and the Mining
Act 1978 (WA);
b) petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the
Petroleum and Geothermal Energy Resources Act 1967 (WA);
c) geothermal energy resources and geothermal energy as defined in the
Petroleum and Geothermal Energy Resources Act 1967 (WA); or
d) water captured by the holders of valid other interests including pastoral
leases and mineral and petroleum tenements.
Native title determinations also seek to confirm that the holders of mining tenements
or petroleum interests (including servants, agents and contractors) are able to
exercise any rights to use portions of existing roads and tracks in the determination
area to access granted mining tenements or petroleum interests. This excludes any
right to upgrade, extend, widen or make other improvements to the road or track
other than work done to maintain the road or track in reasonable repair.
Section 115 of the Mining Act 1978 allows public officers from the Geological Survey
of Western Australia to access any land to make aerial, geological, geophysical or
geochemical surveys.
2
Department of the Premier and Cabinet
5.0
Guide to Government Business under the Native title Act 1993
Access to Water
Native title rights and interests in water can only be recognised in accordance with
the laws of the Commonwealth, the State and the common law, which cannot
recognise ownership of water.
A native title determination recognises only non-exclusive rights to take and use
water, ‘exercisable in accordance with and subject to traditional laws and customs
for personal, domestic and communal purposes (including social, cultural, religious,
spiritual and ceremonial purposes)’.1
Section 24HA of the NTA, ‘management or regulation of water and airspace’,
requires the Government to provide native title holders with notification and an
opportunity to comment on a future act related to government water management.
The non-extinguishment principle applies and the native title holders are entitled to
compensation.
An Indigenous Land Use Agreement (ILUA) could include particular clauses relating
to Indigenous interests in the use and management of water within a determination
area. An ILUA cannot however limit or amend State or Commonwealth laws.
Furthermore, the WA Government’s agreement to any particular clauses would need
to be consistent with its policies relating to environmental, social and cultural
interests in water management.
6.0
Carbon Farming
The Commonwealth Carbon Credits (Carbon Farming Initiative) Act 2011 (CFI Act)
commenced operation on 8 December 2011. The CFI Act provides the means for
people with farming, forestry and land interests to be issued with tradeable carbon
credits for their activities in (i) reducing carbon emissions or (ii) for increasing the
amount of carbon stored in the land.
The WA Government has identified fundamental inconsistencies between features of
the CFI Act and Western Australian land and resource management laws. Until there
is greater clarity about the relationship between carbon rights and native title, the
Western Australian Government will not enter into commitments about the future
management of carbon farming rights as part of native title negotiations.
A policy statement on carbon rights and native title will be available in the future.
1
See for example the Martu Determination (James on behalf of the Martu People v the State of Western Australia [2002]
FCA 1208 at page 13) or the Bardi and Jawi Determination (Paul Sampi and Others on behalf of the Bardi and Jawi People
v the State of Western Australia [2010] FCAFC 99 at page 2).
3
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
Government Native Title Business Activities
7.0
Planning
Strategic land use planning should have due regard to known heritage and native
title interests. Any planning coordinated or endorsed by the Western Australian
Planning Commission (WAPC), including ‘cultural mapping’, may give context to, but
cannot replace or expand rights or interests preserved under the Aboriginal Heritage
Act 1972 (WA) (AHA) or NTA.
The divestment of lands to native title parties, including the transfer or land arising
from native title claim negotiations, should have due regard to local planning
strategies and schemes.
Notices of Intention to Take pursuant to the Land Administration Act 1997 (WA)
(LAA) and the NTA to facilitate commercial, industrial or residential development
should have due regard to planning strategies or schemes.
8.0
Government Future Acts
In any future act initiated by the WA Government, the first priority is to identify
whether native title exists and if so to apply the appropriate procedures of the NTA.
In all cases Aboriginal people should be accorded the same respect as any other
person with an interest in land.
The NTA establishes procedures for how a government agency should approach
different types of future acts. Different subdivisions within the NTA relate to the
various types of activity:

primary production (Subdivision G);

managing aquatic resources, water, airspace (Subdivision H);

renewals and extensions of leases, licenses, permits or authorities
(Subdivision I);

public housing for Aboriginal people, construction for public services (police,
education, emergency services and related staff housing) in Aboriginal
communities (Subdivision JA);

dealings with pre-23 December 1996 reserves and leases to statutory
authorities, e.g. park management plans, forestry licences (Subdivision J);

facilities for services to the public (water, power and roads) (Subdivision K);

low impact acts (Subdivision L);
4
Department of the Premier and Cabinet

Guide to Government Business under the Native title Act 1993
acts that can be done over freehold land, e.g. legislation, compulsory
acquisition for Government purposes or infrastructure (Subdivision M);

offshore acts (Subdivision N); and

mining, compulsory acquisition for third party (Subdivision P).
Each subdivision details the procedures to be followed to ensure the act is valid, the
effect of the act on native title, and whether compensation is payable to native title
holders for the act.
9.0
Strategic Land Initiatives
For major projects and land releases involving Government, advice on native title
and heritage should be sought from the Department of the Premier and Cabinet
(DPC) coordinated Strategic Land Initiatives Group (SLIG). The primary purpose of
SLIG is to ensure there is policy consistency and economic efficiency in native title
and heritage negotiations for major projects (essentially level 2 or level 3 projects
under the Lead Agency Framework). The Lead Agency Framework is available from
the Department of State Development’s website (www.dsd.wa.gov.au).
10.0 The Right to Negotiate
The right to negotiate (NTA, Subdivision P) applies only to certain future acts. These
acts include the grant of mining titles and some forms of compulsory acquisition of
native title rights and interests to allow for land grants. The right to negotiate means
that the parties must negotiate in good faith and make every reasonable attempt to
reach an agreement by consent. In the absence of an agreement, the future act
should be referred to arbitration under the NTA.
WA Government agencies should not enter native title negotiations when there is no
statutory requirement to do so as it arbitrarily extends the scope of the NTA and
undermines whole-of-government policy.
For legal and financial consistency any native title agreement entered into by a
Government agency should be approved by the Land Claims Unit, State Solicitor’s
Office. Any benefits afforded to the native title party should be consistent with WA
Government policy and the details contained within a separate ancillary agreement.
11.0 Native Title Compensation
Determined native title holders are entitled to compensation for the extinguishment
or impairment of their native title rights and interests. Under section 51 of the NTA,
state and territory governments have the obligation to pay compensation for “any
loss, diminution, impairment or other effect of the act on their native title rights and
interests”. In WA the Government has passed this obligation to grantee parties for
5
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
both mining and land titles. Relevant provisions of the Mining Act 1978 (WA),
Petroleum and Geothermal Energy Resources Act 1967 (WA) and the LAA reflect
that position.
When Government alienates land for its own use e.g. for public infrastructure, the
Government is responsible for any potential native title compensation liability. In
situations where the WA Government provides some form of benefit to allow a
compulsory acquisition of native title rights and interests to proceed, the benefit
should be the full and final settlement of the State’s compensation liability.
Where native title has been determined, benefits may be made to the native title
holders through their Prescribed Bodies Corporate (PBC), as final settlement of the
State’s compensation liability. Where native title has not yet been determined, the
benefits must be held in trust by the Government until native title has been
successfully determined. The Government will establish a single interest bearing
trust for and on behalf of each native title group for the purpose of holding
compensation payable by the State.
The WA Government has an obligation to manage the State’s native title
compensation liability and will consult appropriate sources, including the Valuer
General’s Office and the State Solicitors Office to calculate what constitutes
appropriate native title compensation for State land and resource development
projects. The WA Government will put in place a Native Title Extinguishment and
Compensation Register to maintain a record of acts attributable to the State that
extinguish and/or impair native title.
12.0 Compulsory Acquisition of Native Title Rights
When the Government grants freehold title to land it retains both the right to minerals
below the surface and the right to compulsorily acquire the land. The power to
compulsorily acquire land lies within the LAA.
If the Government requires freehold land for a public work or to grant a new interest
over the same land, it seeks to reach an agreement with the land owner for the sale
of the land (a ‘voluntary acquisition’). If agreement cannot be reached, compulsory
acquisition can take place in accordance with the LAA, with the Government required
to compensate the land owner on just terms.
For certain types of future act, the NTA requires the WA Government to treat native
title claimants as if they are the holders of ‘ordinary title’ over the land in question.
That is, if the proposed act could normally be done on private land with particular
conditions, the same conditions would apply to the doing of the act on land subject to
native title rights. One consequence is that like freehold, native title rights and
6
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
interests can be compulsorily acquired but the requirements of both the LAA and the
NTA must be met. The WA Government takes the following approach:
a) normally, compulsory acquisition will be used for granting land to other
parties where an exclusive possession title is required for commercial
purposes. The volume of such grants around the State makes compulsory
acquisition a more efficient process compared to other options under the
NTA.
b) where grants are made to native title groups to secure land for cultural
purposes, compulsory acquisition will not be pursued.
c) in all circumstances, the Government reserves its legislative right under
both the NTA and the LAA to compulsorily acquire native title.
For the avoidance of doubt, the operation of WA native title policy, or any other
native title policy directive, must conform with the standard non-native title
operational procedures that apply to the release of Crown land.
13.0 Native Title Arbitration
If agreement cannot be reached the NTA provides for compulsory acquisition of land
and the grant of mining and petroleum titles to be determined through arbitration.
Depending on the type of activity proposed, arbitration will be conducted by an
‘independent person’ (in Western Australia, the Chief Stipendiary Magistrate) or the
National Native Title Tribunal (NNTT); for example, a compulsory acquisition of land
for a third party interest outside a town is subject to the arbitral jurisdiction of the
NNTT (NTA, subdivision P), while the creation of a right to build supporting
infrastructure for mining would fall under the jurisdiction of the independent person
(NTA, subdivision M).
Government agencies are expected to use the arbitral capacity of the NTA in
circumstances where statutory obligations have been fulfilled but it has not been
possible to reach agreement on reasonable terms in a timely manner.
14.0 The Government Indigenous Land Use Agreement.
A Government ILUA is negotiated as part of a native title claim settlement or entered
into after a native title determination. It is an agreement that mandates how the WA
Government will undertake certain activities on the land, including but not limited to:


a process to fast-track approval for housing and other infrastructure;
a process to expedite the grant of exploration tenements (e.g. mineral
exploration and prospecting licences, and some initial stage exploratory
petroleum tenures), subject to approved cultural heritage conditions;
7
Department of the Premier and Cabinet



Guide to Government Business under the Native title Act 1993
access to exploratory tenements via a specified range of permits and licences
to create or extend a track, taking into account Aboriginal heritage obligations
and community interests;
the continuation of pre-determination NTA processes for deemed low impact
future acts which typically involve standard administrative and operational
activities by WA Government agencies;
validation of any specific tenure that is potentially invalid because the
procedural requirements of the NTA were not properly followed.
The Government ILUA also provides support for native title holders to achieve their
own long-term land management strategies.
A separate Town Site ILUA, targeting the area in and around towns, has been
developed by the WA Government to enable the release of Crown land and settle
the compensation payable to native title holders for the resulting
extinguishment/surrender or impairment of native title rights and interests. The
Government ILUA and the Town Site ILUA aim to provide greater consistency to
both the State and to native title holders in land management, while minimising the
impact on native title rights.
15.0 Public Sector Accountability in Negotiations
All public sector authorities and public sector employees are bound by the Western
Australian Government Code of Ethics. The standards of conduct are expressed in
the following principles:
a) personal integrity - we act with care and diligence and make decisions that
are honest, fair, impartial, and timely, and consider all relevant information;
b) relationships with others - we treat people with respect, courtesy and
sensitivity and recognise their interests, rights, safety and welfare;
c) Accountability - we use the resources of the State in a responsible and
accountable manner that ensures the efficient, effective and appropriate use
of human, natural, financial and physical resources, property and information.
For further details about the Code of Ethics see the Public Sector Commission’s
website (www.publicsector.wa.gov.au).
16.0 Governance Principles for Native Title Agreements
Where the Government is a signatory to a native title agreement, it must confirm that
there are arrangements in place that ensure that any benefits provided to native title
holders are managed in a transparent and accountable way.
8
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
The DPC has published Governance Principles for Native Title Agreements for the
responsible management of native title benefits (www.dpc.wa.gov.au/lantu). The
principles address:
 accountable and responsible management;
 board independence;
 integrity in financial management;
 risk management;
 equitable distribution of native title benefits;
 ethical decision-making, timely disclosure; and
 communication and dispute resolution.
In relation to any future act benefits that accrue to a native title claimant group, the
WA Government requires these benefits to be held in trust until:
a) there is a positive native title determination of native title over the area;
b) an Office of the Registrar of Indigenous Corporations (ORIC) registered, PBC
is in place; and
c) the Government has been able to establish from the PBC constitution that
there are rules in place that ensure that any future act benefits will be held in
a manner that protects the interests of the entire membership of the PBC.
In all circumstances where native title benefits are provided to a group of native title
claimants or holders, the WA Government wishes to ensure that the benefits are
provided in such a way that they reach the intended beneficiaries and are distributed
equitably.
Other than protecting the fair and equitable distribution of benefits to native title
groups, if benefits go to the wrong Aboriginal people the validity of the future act can
be legally challenged. The WA Government also wishes to ensure that the benefits
provided are not unreasonably diminished by the professional fees of third parties.
Negotiated agreements that do not involve native title but nevertheless involve
benefits for Aboriginal people based on their traditional rights invoke the same
obligations, i.e. to confirm that the beneficiaries are the correct people and that
benefits will be managed fairly and transparently.
Aboriginal Heritage
17.0 Due Diligence Guidelines for Aboriginal Heritage
Western Australian land users must comply with the provisions of the AHA and
failure to do so may result in prosecution. The Aboriginal Heritage Due Diligence
9
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
Guidelines provide guidance to both land users and State officers in meeting their
statutory obligations. The Guidelines help to identify activities which may impact
adversely on Aboriginal heritage and explain processes for how to effectively
manage heritage and how to proceed with an activity in particular circumstances.
Compliance with the Guidelines will not of itself guarantee compliance with the AHA
however, where the Guidelines are followed, it is less likely that Aboriginal sites will
be harmed. The Guidelines are available from the Department of Aboriginal Affairs
(DAA) website (www.daa.wa.gov.au).
18.0 Engagement of Aboriginal Heritage Monitors
Where a request for monitoring is not a condition imposed by the Minister or the
Registrar it may be considered as part of a broader risk assessment strategy.
However, monitoring is unnecessary if it is not evident how it will reduce the risk of
harm to Aboriginal heritage. Please refer to the WA Government’s Guidelines for the
Engagement of Aboriginal Heritage Monitors or contact DAA. The Guidelines are
available from the DPC website (www.dpc.wa.gov.au/lantu).
19.0 The Government Standard Heritage Agreements
The Government Standard Heritage Agreements, post-native title determination and
pre-determination agreements (GSHA), are intended for use by Government
agencies when Aboriginal heritage surveys are required. The GSHA has application
to all Aboriginal heritage surveys, whether they are conducted as part of future act
negotiations or not. The GSHA provides a standard framework for surveys
commissioned by the Western Australian Government. This includes:
a) a fee structure for meetings and the conduct of surveys; and
b) protocols for communication and for addressing cultural heritage concerns
that might emerge.
Read the Guide to the Government Indigenous Land Use Agreement and Standard
Heritage Agreements available on the DPC website (www.dpc.wa.gov.au/lantu).
Templates for both the post-determination and pre-determination Government
Standard Heritage Agreements are also available.
Government Communications
20.0 The Inter-Agency Reference Group on Native Title and Aboriginal
Heritage
The Inter-Agency Reference Group on Native Title and Aboriginal Heritage was
established in 2011 to support the whole-of-government approach to native title and
10
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
Aboriginal heritage management. The Reference Group is convened quarterly by the
DPC and DAA. The terms of reference are to:
a) provide a central point of reference for State Government agencies involved in
native title and Aboriginal cultural heritage management;
b) provide support to State Government agencies involved in native title and
Aboriginal cultural heritage management;
c) promote consistency across Government in meeting obligations under the
NTA and the AHA;
d) identify efficiencies for the Government in native title and heritage processes;
and
e) assist relevant skills development and information sharing across
Government.
11
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
Explanation of Terms
Compulsory
Acquisition of
Native Title Rights
The taking of native title rights and interests in land by the
State Government in the absence of agreement except
where the right to negotiate applies. The State Government’s
power to compulsorily acquire interests in land (including
native title rights and interests) lies in the LAA and under
procedures defined in the NTA.
Determination area
An area of land subject to a Federal Court determination that
native title rights and interests have been found to exist. Also
referred to as “native title land”.
Future act
An act done on land or water – for example, the State issuing
land or mineral titles or permits - that affects native title rights
and interests.
Government ILUA
An Indigenous Land Use Agreement between the State
Government and native title party which sets out how nonextinguishing government actions and activities can be
managed after a determination that native title exists.
Government Native
Title Negotiations
Negotiations conducted by the State Government with native
title parties where the native title party has a right to
negotiate under the NTA.
Indigenous Land
Use Agreement
A form of voluntary agreement between native title parties
and non-native title parties to allow agreement on a range of
native title matters, including the use and management of
areas of land and/or waters. Refer to section 253 of the
NTA.
National Native Title The designated arbitral body for determining, on application,
Tribunal
i) whether the expedited procedure should apply or not, and
ii) whether future acts subject to the Right to Negotiate can
be done, not done, or done with conditions.
Native Title Act
1993 (Cth)
The Commonwealth Act with the main objects of recognising
and protecting native title and establishing ways in which
future dealings affecting native title may proceed validly.
Native title
A Federal Court finding that native title exists or does not
exist in relation to a particular area of land or waters. If native
12
Department of the Premier and Cabinet
determination
Guide to Government Business under the Native title Act 1993
title rights do exist, the determination will identify who holds
the rights and the nature and extent of those rights, for
example:
a) the right to live on the land;
b) the right to access, move about on and use the land
and waters;
c) the right to hunt and gather on the land and waters;
d) the right to engage in spiritual and cultural activities on
the land and waters;
A reference to a native title determination in this document is
a reference to a native title determination in Western
Australia and native title rights and interests as referenced to
Western Australian laws.
Native title party
A registered native title claimant or determined native title
holder, both of whom have procedural rights under the future
act regime of the NTA.
Office of the
Registrar of
Indigenous
Corporations
The Registrar is a Commonwealth independent statutory
office holder who administers the Corporations (Aboriginal &
Torres Strait Islander) Act 2006 (Cth), which guides how
Indigenous corporations are constituted and governed.
Opportunity to
comment
The right of a native title party to comment on a notified
future act. Does not require consultation, negotiation or
consent before the act can proceed.
Prescribed Body
Corporate
The corporate body established to hold native title rights and
interests, usually on trust, on behalf of the native title holders
after a native title determination has been made. Referred to
as a Registered Native Title Body Corporate when registered
with the NNTT and approved by ORIC.
Right to be
consulted
The right of a native title party to be informed about a
proposed future act and to be consulted on ways of
minimising the impact of the act on native title rights and
interests. The right to be consulted does not require
negotiation or consent before the future act can proceed.
Right to be notified
The right to be notified about a particular type of future act.
Does not require consultation, negotiation or consent before
13
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
the future act can proceed.
Right to negotiate
The right of the native title party to be informed about the
proposed future act and to negotiate an agreement about
how the proposed future act is to proceed, which can include
benefits to the native title party, how heritage is to be
protected, etc. If an agreement is not reached following
negotiations in good faith, any negotiating party can apply to
the National Native Title Tribunal to determine whether the
future act can be done, can be done subject to conditions or
cannot be done.
Town Site ILUA
An Indigenous Land Use Agreement between the State
Government and native title party which sets out how land
grants in and around town sites can be managed after a
determination that native title exists over town site land, and
provides for acts that extinguish native title as well as nonextinguishing acts, as applicable in the particular town site.
Western Australian
Planning
Commission
The statutory authority with state-wide responsibilities for
urban, rural and regional land use planning and land
development matters. The Department of Planning provides
administrative and technical support for the WAPC to carry
out its statutory functions.
14
Department of the Premier and Cabinet
Guide to Government Business under the Native title Act 1993
Further Information
Government agencies and officers with questions about this policy guide should
contact the Land, Approvals and Native Title Unit of the Department of the Premier
and Cabinet.
Department of the Premier and Cabinet – Land, Approvals and Native Title Unit
Phone: (08) 6552 5333
Email: [email protected]
Level 3 Dumas House
2 Havelock St
West Perth WA 6005
Postal Address:
Locked Bag 3001
West Perth WA 6872
15