Does Native Title Future Act procedures apply to construction (residential and commercial) businesses?

Native Title Future Act procedures. Part 2 Division 3 of the Native Title Act 1993 governs 'future acts': government grants and other acts that affect native title, such as mining tenements, compulsory acquisitions and some lease renewals. A future act is valid only to the extent a provision of the Division covers it, and invalid to the extent it affects native title if the procedures are not followed.

Trigger: Applying for a mining right, compulsory acquisition or other grant that is a future act affecting native title; the government party must give notice under s 29 before the act is done.

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 32 of those industries the answer for "Native Title Future Act procedures" is no. Construction (residential & commercial) is one of the 3 where the answer is different: only if.

The deciding fact for construction (residential and commercial) businesses: Industry: Construction (residential & commercial); applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title.

About the industry: Builders, contractors, and subcontractors covered by the Building & Construction General On-site Award and high-risk WHS.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).

Each cell is the engine's outcome for a business in construction (residential & commercial) with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

When due

Before the act is done. Where the notice says the act attracts the expedited procedure, native title parties have 4 months from the notification day to object (s 32); claimants registered within 4 months of notification (on claims filed within 3 months) also become native title parties (s 30); an arbitral body determination can be sought once 6 months have passed without agreement (s 35).

Evidence to keep

Section 29 notices and notification day; register searches identifying native title parties; records of submissions and good-faith negotiation; signed s 31 agreement or registered ILUA; expedited procedure statement and any objection outcome; arbitral body determination where no agreement is reached; conditions attached to the grant.

Maximum penalty

There is no fine; the consequence is invalidity. If the future act procedures are not complied with, the act is invalid to the extent that it affects native title (s 24AA, s 25(4)), and the arbitral body cannot make a determination for a party that did not negotiate in good faith (s 36(2)).

Regulator

See source

Jurisdiction

Commonwealth (national)

• Asbestos management — workplace + dwelling rules (state): Yes
• Building work — comply with National Construction Code (NCC): Yes
• Comply with NSW Design and Building Practitioners Act 2020: Only if
• Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³): Yes
• EPBC Act — assess + approve controlled actions affecting MNES: Only if
• Hold a Construction Induction (White Card) before construction site work: Yes
• All 31 answers for construction (residential & commercial)