Who must comply with Native Title Future Act procedures?

Activities affecting native title rights subject to NTA Future Act processes.

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. The main pathways are a registered indigenous land use agreement (ILUA), to which the native title parties consent, and the right to negotiate procedure (from s 25) for the creation of mining rights and certain compulsory acquisitions. Under the right to negotiate the government gives notice (s 29), native title parties can make submissions and all parties must negotiate in good faith towards an agreement (s 31). If none is reached after 6 months any party can seek a determination from the arbitral body, such as the National Native Title Tribunal (s 35).

Applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Commonwealth, state and territory governments doing the act, and the grantee parties who apply for it: mining and petroleum explorers and producers, infrastructure proponents and others seeking tenements or interests over land or waters where native title exists or is claimed. Native title parties are registered native title bodies corporate, registered native title claimants and representative Aboriginal and Torres Strait Islander bodies.

What triggers it: 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.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (3 of 35: only if a further fact applies; 32 of 35: no).

Structure does not change the answer in the 3 industries it can reach: for every structure the answer is "only if a further fact applies".

Size does not change the answer in the 3 industries it can reach: at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title.

The engine shows this obligation as "check whether this applies" when a business has industry: Mining & resources / Construction (residential & commercial) / Agriculture, forestry & fishing. It then applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. That fact is not something Rules Mate can infer from industry, structure or size.

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).

Frequency

When a triggering event occurs

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.

Status

Current

Priority

High

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)).

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 8: the engine uses the same rule for each.

• Aboriginal Heritage Act 2006 (Vic) — CHMP
• National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage
• Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care
• Aboriginal Heritage Act 1972 (WA) — s 18 consent
• Aboriginal Heritage Act 1988 (SA) — Minister's authorisation
• Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics
• Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate
• Heritage Act 2004 (ACT) — Aboriginal places + objects

• State mining royalties: Royalty payable on mining production per state Mining Acts.

Rules Mate tracks 3 published obligations tagged "mining resources", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is triggered by events.

Native Title Act 1993: Native title recognition framework — Future Act procedures, ILUAs, right to negotiate.

• Native Title Act 1993

Free tools that help with this obligation:

• Compliance calendar builder