Native Title Future Act procedures
Activities affecting native title rights subject to NTA Future Act processes.
highcurrentevent driven
Who must comply
Mining + petroleum + infrastructure proponents on land subject to native title claims or determinations.
What triggers it
Activity affecting native title rights.
When due
Per Future Act process; right to negotiate up to 6 months.
Evidence required
ILUAs + s 31 agreements + objection processes documented.
Max penalty
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Summary
Native Title Act 1993 Pt 2 Div 3 + 4 — Future Act procedures including expedited procedures + right to negotiate + s 31 mining agreements + ILUAs.
Enforced by
Source legislation
Topics
mining-resourcesindigenousland-use
Related obligations
- CWLTHEPBC Act — National Heritage + Indigenous heritage valuesActions likely to have a significant impact on National Heritage Indigenous values require Commonwealth approval.
- VICAboriginal Heritage Act 2006 (Vic) — CHMPActivities in areas of cultural heritage sensitivity require a CHMP.
- NSWNational Parks and Wildlife Act 1974 (NSW) — Aboriginal heritageActivities affecting Aboriginal objects + sites in NSW require AHIP or due diligence.
- QLDAboriginal Cultural Heritage Act 2003 (Qld) — duty of careAnyone carrying out an activity that could harm Aboriginal cultural heritage in Qld owes a statutory duty of care.
- WAAboriginal Heritage Act 1972 (WA) — s 18 consentAny use of land that may damage an Aboriginal site requires s 18 consent from the Minister.
- SAAboriginal Heritage Act 1988 (SA) — Minister's authorisationActivities that damage, disturb or interfere with an Aboriginal site, object or remains require Minister's authorisation in SA.
Frequently asked questions
- Who must comply with Native Title Future Act procedures?
- Mining + petroleum + infrastructure proponents on land subject to native title claims or determinations.
- What triggers Native Title Future Act procedures?
- Activity affecting native title rights.
- When is Native Title Future Act procedures due?
- Per Future Act process; right to negotiate up to 6 months.
- What evidence is required for Native Title Future Act procedures?
- ILUAs + s 31 agreements + objection processes documented.
Source: https://www.nntt.gov.au. Rules Mate is not a law firm. Always verify against the live regulator source before acting.