NATIVE TITLE ACT 1993 - SECT 25 Overview of Subdivision

NATIVE TITLE ACT 1993 - SECT 25

  (1)   In summary, this Subdivision applies to certain future acts done by the Commonwealth, a State or a Territory that are of any of the following kinds:

  (aa)   certain acts covered by section   24IC (which deals with permissible lease etc. renewals);

  (a)   certain conferrals of mining rights;

  (b)   certain compulsory acquisitions of native title rights and interests;

  (c)   other acts approved by the Commonwealth Minister.

  (2)   Before the future act is done, the parties must negotiate with a view to reaching an agreement about the act. However, in certain circumstances, the Commonwealth, State or Territory can limit its participation in negotiations if the other parties consent.

  (3)   If they do not reach agreement, an arbitral body, or a Minister, will make a determination about the act instead.

  (4)   If the procedures in this Subdivision are not complied with, the act will be invalid to the extent that it affects native title.

  (5)   States and Territories may make their own laws as alternatives to this Subdivision. The Commonwealth Minister must be satisfied as to certain matters before such laws can take effect.

Note:   The fact that action is being taken to comply with this Subdivision does not imply that action under another law, such as processing requests or applications in respect of the act, cannot be taken at the same time.