NATIVE TITLE ACT 1993 No. 110, 1993
NATIVE TITLE ACT 1993 No. 110, 1993 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1-PRELIMINARY Section 1. Short title 2. Commencement 3. Objects 4. Outline of Act 5. Act binds Crown 6. Application to external Territories, coastal sea and other waters 7. Racial Discrimination Act 8. Effect of this Act on State or Territory laws 9. Definitions located in Part 15 PART 2-NATIVE TITLE Division 1-Recognition and protection of native title 10. Recognition and protection of native title 11. Extinguishment of native title 12. Native title part of Commonwealth law 13. Approved determinations of native title 52506 Cat. No. 93 4792 2 Division 2-Past acts and native title Subdivision A-Acts attributable to the Commonwealth 14. Validation of Commonwealth acts 15. Effect of validation on native title 16. Preservation of beneficial reservations and conditions 17. Entitlement to compensation 18. Where "just terms" invalidity Subdivision B-Acts attributable to a State or Territory 19. State/Territory acts may be validated 20. Entitlement to compensation Division 3-Future acts and native title Subdivision A-General 21. Agreements to surrender etc. native title 22. Impermissible future acts 23. Permissible future acts 24. Where unopposed non-claimant applications 25. Renewal under pre-1 January 1994 right to renew Subdivision B-Right to negotiate 26. When Subdivision applies 27. Arbitral body 28. Act invalid if done before negotiation or objection/appeal etc. 29. Notification of parties affected 30. Additional native title parties 31. Normal negotiation procedure 32. Expedited procedure 33. Negotiations to include certain things 34. Parties to give copy of any agreement to arbitral body 35. Application for determination 36. Determination to be made within specified period 37. No determination if agreement 38. Kinds of determination 39. Criteria for making determinations 40. No re-opening of issues previously decided 41. Effect of determination 42. Overruling of determinations 43. Modification of Subdivision where satisfactory alternative State or Territory provisions 44. Additional operation of Subdivision Division 4-Other provisions relating to native title 45. RDA compensation to be determined under this Act 46. Effect of grant of leases and licences validated by McArthur River legislation 47. Pastoral leases held by native title claimants Division 5-Determination of compensation for acts affecting native title etc. 48. Compensation payable in accordance with Division 49. No multiple compensation for essentially same act 50. Bodies that may determine compensation 51. Criteria for determining compensation 52. Compensation held in trust under "right to negotiate" procedures 53. "Just terms" compensation 54. Commonwealth compensation payable from CRF Division 6-Native title functions of prescribed bodies corporate and holding of native title in trust 55. Determinations by NNTT and Federal Court 56. Determination whether native title to be held in trust 57. Determination of prescribed body corporate etc.
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58. Functions under regulations 59. Kinds of prescribed bodies corporate 60. Replacement of prescribed bodies corporate PART 3-APPLICATIONS Division 1-Native title and compensation applications 61. Native title and compensation applications 62. Material and fees to accompany applications 63. Applications complying with section 62 64. Applications not complying with section 62 65. Powers in relation to applications 66. Action to be taken in relation to accepted applications 67. Special procedure in relation to certain native title determination applications 68. Parties 69. Tribunal to decide persons whose interests may be affected 70. Unopposed applications 71. Power of Tribunal if parties reach agreement 72. Mediation conference to be held 73. Power of Tribunal if parties reach agreement after mediation conference 74. Applications not settled are to be referred to the Federal Court Division 2-"Right to negotiate" applications 75. "Right to negotiate" applications 76. Material and fees to accompany applications 77. Action to be taken in relation to applications Division 3-Miscellaneous 78. Assistance to potential applicants 79. Requests for non-monetary compensation PART 4-DETERMINATIONS OF THE FEDERAL COURT Division 1-General 80. Operation of Part 81. Jurisdiction of the Federal Court 82. Federal Court's way of operating 83. Assessor assisting the Federal Court 84. Parties 85. Representation before Federal Court 86. Evidence and findings in other proceedings 87. Power of Federal Court if parties reach agreement Division 2-Conferences etc. 88. Conferences 89. Right of appearance 90. Participation by telephone etc. 91. Conferences to be held in public except in special circumstances 92. Federal Court may prohibit disclosure of evidence 93. Powers of assessor to take evidence Division 3-Orders 94. Order that compensation is payable PART 5-NATIVE TITLE REGISTRAR 95. Appointment of Registrar 96. Powers of Registrar-assisting the President 97. Powers of Registrar-applications 98. Powers of Registrar-Register of Native Title Claims and National Native Title Register 99. Delegation by Registrar 100. Remuneration and allowances 101. Terms and conditions of appointment 102. Leave of absence 103. Resignation 104. Termination of appointment 105. Outside employment 106. Disclosure of interests by Registrar PART 6-NATIONAL NATIVE TITLE TRIBUNAL Division 1-Establishment, purpose and way of operating 107. Establishment of the National Native Title Tribunal 108. Function of the Tribunal 109. Tribunal's way of operating Division 2-Membership of the National Native Title Tribunal 110. Membership of the Tribunal 111. Appointment of members of Tribunal 112. Appointment of a Judge or an assessor as a member not to affect tenure etc. 113. Delegation to members 114. Remuneration and allowances 115. Terms and conditions of appointment 116. Oath or affirmation of office 117. Leave of absence 118. Resignation
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119. Termination of appointment-members other than Judges or assessors 120. Suspension of members other than a Judge-misbehaviour or incapacity 121. Outside employment 122. Disclosure of interests Division 3-Organisation of the Tribunal 123. Arrangement of business 124. Constitution of Tribunal for exercise of powers 125. Reconstitution of the Tribunal 126. Member presiding 127. Places of sitting Division 4-Management of the Tribunal Subdivision A-Management responsibilities of President and Registrar 128. Management of administrative affairs of Tribunal 129. Native Title Registrar Subdivision B-Other officers and staff of Tribunal 130. Deputy Registrars and staff of the Tribunal 131. Powers of Registrar regarding Deputy Registrars and Tribunal staff 132. Engagement of consultants etc. Subdivision C-Miscellaneous administrative matters 133. Annual report 134. Proper accounts and records to be kept 135. Audit 136. Proceedings arising out of administration of Tribunal Division 5-Inquiries and determinations by the Tribunal Subdivision A-Special inquiries 137. Special inquiries 138. Notice Subdivision B-Inquiries-General 139. Inquiries 140. Inquiries may cover more than one matter 141. Parties 142. Opportunity to make submissions concerning evidence 143. Representation before Tribunal 144. Manner in which questions to be decided 145. Reference of questions of law to the Federal Court 146. Evidence and findings in other proceedings 147. Power of Tribunal where a proceeding is frivolous or vexatious 148. Power of Tribunal where prima facie case not made out 149. Power of Tribunal where applicant requests dismissal Subdivision C-Conferences and hearings 150. Conferences 151. Hearings 152. Right of appearance 153. Participation by telephone etc. 154. Inquiries to be held in public except in special circumstances 155. Tribunal may prohibit disclosure of evidence 156. Powers of Tribunal to take evidence 157. Tribunal may authorise another person to take evidence 158. Interpreters 159. Retention and copying of documents Subdivision D-Determinations and reports 160. Determination of the Tribunal-section 61 applications 161. Determination that compensation is payable 162. Determination of the Tribunal-right to negotiate applications 163. Reports after special inquiries 164. Determinations and reports to be in writing 165. Determination of native title or compensation not conclusive Subdivision E-Registration of determinations in Federal Court 166. Registration of determination 167. Registered determination has effect as an order of the Federal Court 168. Review of registered determination Subdivision F-Appeals 169. Appeals to Federal Court from decisions and determinations of the Tribunal 170. Operation and implementation of a decision or determination that is subject to appeal Division 6-Offences 171. Failure of witness to attend 172. Refusal to be sworn or to answer questions etc. 173. Giving of false or misleading evidence 174. Refusal to produce document