Native title amendment act 1998 pdf

On 21 february 2019 the commonwealth government introduced the native title legislation amendment bill 2019 cth bill to amend amongst other legislation the native title act 1993 cth nta. Agreement aking did not only occur in relation to the. Prior to the 1998 amendments of the nta cwlth, a future act was broadly an act consisting of the making, amendment or repeal of legislation which happened after 1 january 1994 and that affects native title. To assist project proponents in understanding the potential impact of the bill, the table below sets out proposed key amendments with the likely. Ultimately, the native title amendment act 1998 cth remained on foot. And ifthat was not already clear, section 24aa ofthe amended act makes the logically correct, ifobvious, statement that acts that do not affect native title are not future acts. The amended native title act prefers nonindigenous title to land over. This brought to an end many months of bitter and divisive debate in the australian. The term future act is defined in s 233 of the native title act 1993 cwlth.

Skip to primary navigation skip to primary content. The nta was extensively amended in 1998, with further amendments occurring in 2007 and again in 2009. An electronic version of this act is available on the federal register of. Under this act any activity, such as a grant of land, that may affect native title rights is defined as a future act and must comply with the future act provisions of the act in order to be valid. Native title may be extinguished by grants of freehold because such grants are inconsistent with the continued preservation ofnative title. Native title rights may include the exclusive possession, use and occupation of traditional country or nonexclusive native title rights such as the right to access and camp or the right to hunt and fish on traditional country. In july 1998 the parliament passed the native title amendment act 1998. I, the honourable gordon samuels ac, governor of the state of new south wales, with the advice of the executive council, and in pursuance of section 2 of the native title new south wales amendment act 1998, do, by this my.

Native title south australia act 1994 an act relating to native title. The native title amendment act 1998 placed some restrictions on native title claims. Assented to 2 april 1998 the parliament of south australia enacts as follows. A federal court judge in yarmirr v northern territory finds. The native title act 1993 nta established the procedure for making native title claims. Atns agreements, treaties and negotiated settlements project.

This brought to an end many months of bitter and divisive debate in the australian community concerning the vexed question of native title. Native title is the designation given to the common law doctrine of aboriginal title in australia, which is the recognition by australian law that aboriginal people have rights and interests to their land that come from their traditional laws and customs. Act and the native title provisions have the same meaning in the native title. Nov 04, 2003 while there is little doubt that the nature of the rights emerging from both the common law and the act have been significantly diminished by both the native title amendment act 1998 cth and the recent decisions in ward, yorta yorta and wilson v anderson, it is indisputable that the recognition and protection of native title as a result of. The native title act 1993 is a law passed by the australian parliament, the purpose of which is. Australias native title laws recognise some indigenous peoples rights to land and waters. Decisions made by the court have impacted native title law, in particular. Application to external territories, coastal sea and other waters 7. The native title amendment act 1998 cth amounts to an extraordinary expropriation of property rights and interests for one section of the community with no. Ten years following the mabo decision, mrs mabo claimed that issues remained within the community about land on mer. Aboriginal lands trust native title amendment act, 1998, no. Native title amendment bill 1998 parliament of australia. Without an adverse effect on native title, an act is not a future act see section 2331c ofthe 1993 act, which was not amended by the 1998 amendment act.

Native title act 1993 table of provisions long title preamble part 1preliminary 1. An act to amend the native title act 1993, and for related purposes assented to 27 july 1998 the parliament of australia enacts. The native title amendment act 1998 cth was the australian governments. Schedule 2amendments relating to applications, registration of claims. Queensland government native title work procedures module bb, department of natural resources, mines and energy, 2018 3 made the native title claim was made on the day the claimant application or precombined application for a combined claimant application was lodged in the national native title. Before 1992, native title was not an issue in australian politics. South australia statutes amendment native title act 1998. Native title amendment act 1998 amendments from act no. This act may be cited as the statutes amendment native title act 1998. While the original native title actrecognizes and seeks to protect indigenous title, provisions that extinguish or impair the exercise of indigenous title rights. The howard government releases the amended wik ten point plan, making major amendments to the native title act. The validation of titles and actions act 1994 nt was subsequently renamed validation native title act 1994 nt and amended to validate intermediate period acts by the validation of titles and actions amendment act 1998 nt.

Native title amendment act 1998 schedule 2 amendments. Comparing native title and angloaustralian land law. Mabo no 2, especially by the 1998 legislative amendments, is detailed below. The legislative reforms proposed following the high court decision in wik eventually passed through the senate in july 1998 with the amended act differing from the bill in the removal of the proposed sunset clause and the softening of terms of the registration test. Native title amendment act 1998 atns agreements, treaties. This act may be cited as the native title amendment act 1998.

Native title queensland state provisions amendment act no. Native title act reforms herbert smith freehills global. It also gave state governments a greater role in determining native title and the rights of indigenous people to negotiate with others wishing to use of their land. Schedule 1amendments relating to acts affecting native title etc. Act, as adopted in 1998, expresses concern over the compatibility of the native title act, as currently amended, with the state partys international obligations under the convention. Native title amendment act 1998 cth and the recent decisions in ward, yorta yorta and wilson v anderson, it is indisputable that the recognition and protection of native title as a result of mabo provided the underpinning for a realignment of relationships between indigenous and nonindigenous australians. Following wik peoples v queensland 1996, parliament amended the native title act with the native title amendment act 1998. The native title amendment act 1998 cth, also commonly referred to as the 10 point plan is an australian native title law created by the john howard led liberal government in response to the wik decision by the high court. Native title amendment act 1998 federal register of legislation. Native title native title libguides at mount st benedict. Native title queensland state provisions amendment bill no. The movement towards agreementmaking was facilitated by the amendments to the native title act in 1998, and the continuing clarification of native title law by the courts. The native title amendment bill was designed to give effect to the 10 point plan. This act is reprinted pursuant to the acts republication act 1967 and incorporates all amendments in force as at 2 april 2000.