How to lodge a native title future act notice in Australia
A future act is an activity that may affect native title rights (e.g. mining tenements, infrastructure, land grants). The government party must give notice under s 29 of the Native Title Act 1993 (Cth) to registered native title parties and the National Native Title Tribunal (NNTT). The right to negotiate process under Part 2 Division 3 Subdivision P then applies unless an alternative process (ILUA or expedited procedure) is available.
The framework
Native Title Act 1993 (Cth), particularly Part 2 Division 3 (future acts). The National Native Title Tribunal (NNTT) administers the notification and mediation processes.
The process
Determine if the proposed act is a future act
A future act is any act that may affect native title (s 233 NTA). Check the Register of Native Title Claims and the National Native Title Register to identify whether native title has been determined or claimed over the relevant land or waters.
Identify the applicable future act subdivision
Determine which subdivision of Part 2 Division 3 applies: Subdivision P (right to negotiate for mining), Subdivision M (primary production), Subdivision N (management of water and airspace), or other. This determines the notification and negotiation process.
Check for Indigenous Land Use Agreements (ILUAs)
Search the Register of Indigenous Land Use Agreements for any existing ILUA covering the land. An ILUA may authorise the future act without triggering the right to negotiate process.
Prepare the s 29 notice
The government party (usually the state or territory) prepares a notice under s 29 of the NTA. The notice must describe the future act, the land affected, and the nature of the act. It must comply with prescribed content requirements.
Give notice to native title parties and the NNTT
The government party gives the s 29 notice to: registered native title claimants, registered native title bodies corporate, representative Aboriginal/Torres Strait Islander bodies, and the NNTT. The notice triggers a notification period (typically 4 months for Subdivision P).
Native title parties respond to the notice
Within the notification period, native title parties may lodge an objection if the expedited procedure is proposed, or indicate their intention to negotiate. If no objection is received for expedited procedure acts, the act may proceed.
Negotiate in good faith
For Subdivision P acts, the government party, proponent, and native title parties must negotiate in good faith for at least 6 months. Negotiations address conditions, compensation, and benefits.
Apply to NNTT for mediation if needed
If negotiations stall, any party may request NNTT mediation. The NNTT appoints a mediator to assist the parties in reaching agreement.
Apply to NNTT for a future act determination if no agreement
If no agreement is reached after 6 months of negotiation, any negotiation party may apply to the NNTT for a future act determination under s 38. The NNTT determines whether the act may be done and on what conditions.
Implement the agreement or determination
If agreement is reached, formalise it (often as an ILUA) and register it. If the NNTT makes a determination, comply with its conditions. The future act can then proceed. Compensation for any effect on native title may be payable.
Forms and templates
Common mistakes
- Not searching the native title registers before commencing the proposed act
- Failing to identify the correct future act subdivision
- Not negotiating in good faith as required by the NTA
- Proceeding with the act before the notification period expires
- Overlooking existing ILUAs that may already authorise the act
Get this process right with Quillio
Quillio can help search native title registers, review future act notices, and prepare negotiation position papers. Start a free trial at /free-trial.
This guide is general information, not legal advice. Native title processes are legally complex and culturally significant. Engage specialist native title lawyers and consult with native title representative bodies.
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