Terms and Definitions

A person/body (the agent) who has been given the power by another person/body (the principal) to represent the principal or act on behalf of the principal. This normally includes giving the agent power to enter into binding legal arrangements on behalf of the principal.

A type of ILUA that can only be made where there is no registered native title body corporate (or bodies corporate) for the entire agreement area. However, there must be at least one registered native title body corporate or at least one representative Aboriginal/Torres Strait Islander body ('representative body') for part of the agreement area, (refer to ss 24DA-24DM of the Native Title Act 1993).         

A type of ILUA that can only be made where there is no registered native title body corporate (or bodies corporate) for the entire agreement area (refer to ss 24CA-24CL of the Native Title Act 1993).

The draft of a proposed Act of Parliament.

An artificial legal entity (such as a council or corporation) having separate legal personality.  An unincorporated Aboriginal Association becomes a body corporate when it is issued with a certificate of incorporation under s45 Native Title Act 1993 (Cth).          

A type of ILUA that can only be made where there is a registered native title body corporate (or bodies corporate) for the entire agreement area. This means that there must be at least one determination of native title in place in relation to the entire agreement area, (refer to ss 24BA-24BI of the Native Title Act 1993).     

An application for the legal recognition of the rights and interests held by Indigenous Australians over a particular area of land or waters, according to traditional laws and customs. Native title claimant applications are usually filed with the Federal Court of Australia. The Court ultimately decides whether native title exists or not by making a determination.            

The existence and exercise of native title rights alongside the rights of others to areas of land or waters. For example, native title rights to go onto the land or to hold ceremonies on it may coexist with the rights of a pastoral leaseholder to graze cattle on the same land. Coexistence is about sharing the land in a way that recognises everyone's rights and interests in the area.   

Agreements made for use of land which are not subject to the provisions of relevant Territory, State or Federal legislation     

An application made by Aboriginal or Torres Strait Islander people seeking compensation for the loss or impairment of their native title rights or interests.   

To make valid or binding by some formal or legal act; sanction; ratify

Reports required by some state governments for mediation of native title consent determinations which outline the evidence for native title over the claimed areas.   

A decision by an Australian court or other recognised body that native title does or does not exist in a particular area, which is made when parties have reached an agreement, after mediation.     

A decision by an Australian court or other recognised body that native title does or does not exist in a particular area of land or waters. A recognised body is a court, office, tribunal or body of a State or Territory that is able to make determinations in relation to areas of particular land or waters and that the Commonwealth Attorney-General has formally recognised for that purpose. The Attorney-General must be satisfied that the body will operate in a way that is consistent with the Native Title Act 1993.  

see Fast-Tracking

A decision by the Tribunal that the expedited procedure (fast-tracking) does or does not apply, which is made when parties have reached agreement.

Exploration Agreements made under the future act provisions of the Native Title Act 1993 (not including Indigenous Land Use Agreements (ILUAs).

This refers to the fast-tracking process for those future acts that might have minimal impact on native title, such as some exploration and prospecting licenses. If this procedure is used, and no objection is lodged, the future act can be done without the normal negotiations with the registered native title parties required by the Native Title Act.

From 30/09/1998, a native title claimant group decides not to proceed with the claim. The claimants must file a notice of discontinuance with the Court.  

When a claim is dismissed by the Court (eg if the native title claimant group does not produce evidence required by the Court).

When a determination has been made in respect of the entire application area and the determination is finalised.

(Up to 29/09/1998) When a non-claimant determination has been made by the Tribunal.                      

When the application has been combined with other applications and the combined application has been through the registration test process.  

(Up to 29/09/1998) applies to applications made prior to the amendment of the NTA, when an application is found to be frivolous or vexatious or that prima facie the claim can not be made out, the claim was not accepted by the Tribunal. 

The claim has been struck out (s.84c) when for example a native title claim is thrown out of court because there is no evidence to support the claim. An application to strike out may be made by a State Government or other parties.   

The claim is withdrawn (up to 29/09/1998, this affects old applications only) the claimant group decides not to continue with a claim. The group must file a notice of withdrawal in the court.     

These can be legally binding agreements, however they are essentially 'process agreements', that is, they generally bind parties to adhere to certain processes rather than to substantive issues.   

An agreement under which the National or State Governments agree to fund an Indigenous body for a particular purpose .

A proposed activity or development on land and /or waters that may affect native title , by extinguishing it, or creating interests that are inconsistent with the existence or exercise of native title.  Generally, rights to be informed and consulted about future acts are given to native title claimants.  In the case of some future acts including the grant of mining or exploration rights and some compulsory acquisitions of native title, the future act can not validly be done unless the right to negotiate process in the Native Title Act is followed.

A decision by the National Native Title Tribunal that a future act may proceed and whether any conditions apply, which is made when parties have reached agreement and consented to those conditions applying.

A decision by the Tribunal either that the future act cannot be done, or can be done with or without conditions. 

An application made by any negotiation party to the Tribunal for it to determine whether a future act may proceed, and if so what conditions should apply.

A voluntary agreement about the use and management of an area of land or waters, made between one or more native title groups, and others (such as miners, pastoralists, governments). A registered ILUA is legally binding on the people who are party to the agreement, and all native title holders for that area. 

An agreement between Indigenous and non-Indigenous parties whereby the parties set out their intention to jointly cooperate together over a variety of important issues.

An intermediate period act is an act that took place at any time during the period from 1 January 1994 (when the Native Title Act 1993 came into effect) until 23 December 1996 (when the 'Wik" decision was handed down). 

An agreement between indigenous and non-indigenous parties for the joint management of land of traditional significance to the indigenous parties 

A commercial agreement creating a business partnership.

Agreements made for the transfer of land    

Agreements made for use of land which are subject to the provisions of relevant State or Territory legislation

A decision by an Australian court or other recognised body that native title does or does not exist, which is made following a trial process.  

The process of bringing together all people (parties) with an interest in an area covered by a native title application to help them to reach agreement about such things as whether native title exists, what other interests exist in the area, and the relationship between native title and other rights and interests. The Federal Court of Australia decides whether the National Native Title Tribunal should conduct mediation on a native title application. Mediation allows everyone involved to explore agreements, including agreements about a consent determination or an indigenous land use agreement.   

 A statement of intent that is not necessarily legally binding

The independent body established under the Native Title Act 1993 to assist people to resolve native title issues. The Tribunal provides administrative support to deal with native title applications. It works closely with communities across Australia to help resolve land issues and make agreements that recognise everyone's rights and interests in land and waters. The Tribunal conducts mediation of native title applications and can help people to negotiate indigenous land use agreements. It acts as an arbitrator or umpire in some situations where the people involved cannot reach agreement about proposed developments, such as mining projects.

 The rights and interests of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs, that are recognised under Australian law.                             

A native title claimant application, a compensation application or a non-claimant application.

A decision by an Australian court or other recognised body that native title does or does not exist in a particular area of land or waters, and if it does exist a decision as to:
 

• who the people who hold the common or group rights comprising native title are; and

• the nature and extent of the native title rights and interests in relation to the area; and

• the nature and extent of any other interests in relation to the area; and

• the relationship between the rights and interests between the people and their rights; and

• whether the native title rights and interests confer possession, occupation, use and enjoyment of the land or waters on the native title holders to the exclusion of all others.
   

The Court can make a determination of native title when:

• an agreement reached through mediation is referred to the Court; or

• parties are unable to reach agreement and the Court hears the evidence and determines if native title exists.

A regional organisation recognised by the Commonwealth Minister for Aboriginal and Torres Strait Islander Affairs, and funded to represent Indigenous Australians in native title issues in a particular region.

An application made by a person who does not claim to have native title to an area but who seeks a determination that native title does or does not exist in that area.    

The publishing of a notice in major newspapers by the state or territory government stating that it intends to do certain future acts, such as granting a mining lease, in an area. This is called a 'section 29 notice', because section 29 of the Native Title Act sets out how notice must be given.

Registered native title claimants can object to a tenement grant being fast-tracked. They have four months from the notification date to lodge an objection. If the objection is successful, the development cannot go ahead without the normal negotiations required by the Native Title Act.        

Acts carried out before 1 July 1993 or 1 January 1994

A prescribed body corporate (PBC) is a native title corporation that may hold and/or manage native title for the whole group.  When a court makes a determination that native title exists, it must also decide which people are the native title holders and what rights and interests make up that native title.  The court will also decide how those rights and interests will be held. Under the amended Native Title Act 1993, native title holders have to establish a PBC to represent them as a group and manage their native title rights and interests. (see also registered native title body corporate) 

Grant or vesting of freehold estates or leases that conferred exclusive possession , or the construction or establishment of public works (s.23A).

Grant of agricultural leases or non-exclusive pastoral leases  establishment of public works (s.23A).

A recognised body is a court, office, tribunal or body of a State or Territory that is able to make approved determinations of native title in relation to areas of particular land or waters and that the Commonwealth Attorney-General has formally recognized for that purpose.  The Attorney-General must be satisfied that the body will operate in a way that is consistent with the Native Title Act 1993.  For example, in South Australia, the Supreme Court and the Environment Resources and Development Court of South Australia are recognized bodies that make approved determinations of native title.    

A prescribed body corporate that has been registered with the National Native Title Tribunal.              

Native title claimants who have met the conditions of the registration test.

A set of conditions under the Native Title Act 1993 that is applied to native title claimant applications. If an application meets all the conditions, it is included in the Register of Native Title Claims, and the native title claimants then gain the right to negotiate together with certain other rights, while their application is under way. 

The rights of Indigenous Australians who have been determined to hold native title, or registered native title claimants (i.e. whose native title application has satisfied the registration test) to be involved in discussions about-but not veto-proposed developments (such as mining) on areas of land or waters where native title exists. Where the right to negotiate applies, negotiations with native title claimants must occur before the grant for the proposed development can go ahead. The right to negotiate process is managed by the state or territory government but the Tribunal may be requested to mediate.

ZONE LWM Application includes an area of sea (within the tidal waters) that is bounded by the mean high water mark and the low water mark.

ZONE 3Nm Application includes an area of sea (within the coastal waters) that is bounded by the low water mark and the 3 nautical mile limit.

ZONE 12Nm Application includes an area of sea (within the territorial sea) that is bounded by the 3 nautical mile limit and the 12 nautical mile limit.

ZONE 24 Nm Application includes an area of sea (within the contiguous zone) that is bounded by the 12 nautical mile limit and the 24 nautical mile limit.

ZONE EEZ Application includes an area of sea (within the exclusive economic zone) that is bounded by the 24 nautical mile limit and the exclusive economic zone limit.                              

Local and regional land use and access agreements under the Native Title Act where negotiations commenced or the agreement was finalised prior to the 1998 amendments to the Act.

A clause in which terminates the Act or brings it up for review at the end of a specified period of time.

An Agreement which includes standard terms and conditions to be applied to a range of individual agreements all covering the same or similar issues and which is altered in certain respects to suit each particular situation.

A person to whom property is given in trust for another.   

A decision by an Australian court or other recognised body that native title does or does not exist, where the determination is made as a result of a native title application that is not contested by another party.

To give legal force to; legalise.

The decision of the High Court of Australia on 23 December 1996, which states that the grant of a pastoral lease does not necessarily extinguish (remove) native title and that native title rights may coexist with the rights of some leaseholders. The Court said that where there is a conflict between native title rights and the rights of the leaseholder, the rights of the leaseholder prevail.