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NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 253 Other definitions

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 253

Other definitions
253. Unless the contrary intention appears:

"Aboriginal peoples" means peoples of the Aboriginal race of Australia;

"Aboriginal/Torres Strait Islander land or waters" means land or waters held
by or for the benefit of Aboriginal peoples or Torres Strait Islanders under:

   (a)  any of the following laws of the Commonwealth:

        (i)    the Aboriginal Land Grant (Jervis Bay Territory) Act  1986 ;

        (ii)   the Aboriginal Land (Lake Condah and Framlingham Forest)  Act
               1987 ;

        (iii)  the Aboriginal Land Rights (Northern Territory) Act  1976 ; or

   (b)  any of the following laws of South Australia:

        (i)    the Aboriginal Lands Trust Act 1966;

        (ii)   the Maralinga Tjarutja Land Rights Act 1984;

        (iii)  the Pitjantjatjara Land Rights Act 1981; or

   (c)  any other law prescribed for the purposes of the provision in which
        the expression is used;

"approved determination of native title" has the meaning given by
subsections 13(3), (4) and (7);

"arbitral body" has the meaning given by section 27;

"assessor" means an assessor appointed under Part VA of the Federal Court of 
Australia Act 1976 ;

"Chief Judge" means the Chief Judge of the Federal Court;

"coastal sea" has the meaning given by subsection 15B(4) of the Acts 
Interpretation Act 1901 ;

"common law holders" has the meaning given by section 56;

"Commonwealth Minister" means the Minister applicable, in relation to the
provision in which the expression is used, under section 19A of the Acts 
Interpretation Act 1901 ;

"Compulsory Acquisition Act", in relation to the Commonwealth, a State or a
Territory, means a law of the Commonwealth, the State or the Territory that:

   (a)  permits both:

        (i)    the compulsory acquisition by the Commonwealth, the State or
               the Territory of native title rights and interests; and

        (ii)   the compulsory acquisition by the Commonwealth, the State or
               the Territory of other interests in relation to land or waters;
               and

   (b)  provides for compensation for the acquisition of any native title
        rights and interests; and

   (c)  contains provisions to the same effect as section 79 in relation to
        the determination of the compensation; other than a law declared by
        the regulations not to be a Compulsory Acquisition Act;

"explore" includes:

   (a)  conduct a geological, geophysical or geochemical survey; or

   (b)  take samples for the purpose of analysis;

"Federal Court" means the Federal Court of Australia;

"former judge" means a person who has been a Justice of the High Court or a
judge of another federal court or of the Supreme Court of a State or
Territory;

"Government party" has the meaning given by subsection 26(1);

"grantee party" has the meaning given by paragraph 29(2)(d);

"interest", in relation to land or waters, means:

   (a)  a legal or equitable estate or interest in the land or waters; or

   (b)  any other right (including a right under an option and a right of
        redemption), charge, power or privilege over, or in connection with:

        (i)    the land or waters; or

        (ii)   an estate or interest in the land or waters; or

   (c)  a restriction on the use of the land or waters, whether or not annexed
        to other land or waters;

"Judge" means a Judge of the Federal Court;

"jurisdictional limits" means:

   (a)  in relation to a State-the area within:

        (i)    the limits of the State; or

        (ii)   the coastal waters of the State (within the meaning of the
               Coastal Waters (State Powers) Act 1980); or

   (b)  in relation to the Northern Territory-the area within:

        (i)    the limits of the Territory; or

        (ii)   the coastal waters of the Territory (within the meaning of the
               Coastal Waters (Northern Territory Powers) Act 1980); or

   (c)  in relation to any other Territory-the area within the limits of the
        Territory;

"land" includes the airspace over, or subsoil under, land, but does not
include waters;
Note: Because of the definition of "waters", not only rivers and lakes etc.,
but also such things as the bed or subsoil under, and airspace over, rivers
and lakes etc. will not be included in "land".

"major earthworks" means earthworks (other than in the course of mining) whose
construction causes major disturbance to the land, or to the bed or subsoil
under waters;

"member" means a member of the Tribunal;

"mine" includes:

   (a)  explore or prospect for things that may be mined (including things
        covered by that expression because of paragraphs (b) and (c)); or

   (b)  extract petroleum or gas from land or from the bed or subsoil under
        waters; or

   (c)  quarry;

"National Native Title Register" means the register established and maintained
under Part 8;

"National Native Title Tribunal" or "NNTT" means the National Native Title
Tribunal established under Part 6;

"native title party" has the meaning given by paragraphs 29(2)(a) and (b) and
section 30;

"Native Title Registrar" means the Native Title Registrar appointed under Part
5;

"negotiation party" means a Government party, a grantee party or a native
title party;

"non-claimant application" has the meaning given by subsection 67(1);

"non-presidential member" means a member who, in accordance with the table in
subsection 110(1), is of the non-presidential class;

"offshore place" means any land or waters to which this Act extends, other
than land or waters in an onshore place;

"onshore place" means land or waters within the limits of a State or Territory
to which this Act extends;

"ordinary title", in relation to an onshore place that is land, means:

   (a)  if the land is not in the Australian Capital Territory or the Jervis
        Bay Territory-a freehold estate in fee simple in the land other than
        such an estate granted by or under a law that grants such estates only
        to or for the benefit of Aboriginal peoples or
        Torres Strait Islanders; or

   (b)  if the land is in the Australian Capital Territory or the Jervis Bay
        Territory-a lease over the land granted by or on behalf of the
        Commonwealth under a law of the Commonwealth or of the Territory,
        other than a lease granted by or under a law that grants such leases
        only to or for the benefit of Aboriginal peoples or
        Torres Strait Islanders;

"paragraph 51(xxxi) acquisition of property" means an acquisition of property
within the meaning of paragraph 51(xxxi) of the Constitution;

"paragraph 51(xxxi) just terms" means just terms within the meaning of
paragraph 51(xxxi) of the Constitution;

"prescribed" means prescribed by the regulations;

"President" means the President of the Tribunal;

"presidential member" means a member who, in accordance with the table in
section 110, is of the presidential class;

"procedural right", in relation to an act, means:

   (a)  a right to be notified of the act; or

   (b)  a right to object to the act; or

   (c)  any other right that is available as part of the procedures that are
        to be followed when it is proposed to do the act;

"public work" means:

   (a)  a building, or other structure, that is a fixture; or

   (b)  a road, railway or stock-route; or

   (c)  any major earthworks; constructed or established by or on behalf of
        the Crown, or a statutory authority of the Crown, in any of its
        capacities;

"recognised State/Territory body" means a court, office, tribunal or body in
relation to which a determination under section 251 is in force;

"Register of Native Title Claims" means the Register established and
maintained in accordance with Part 7;

"registered native title body corporate" means the prescribed body corporate
whose name and address are registered on the National Native Title Register
under subparagraph 193(2)(d)(iii);

"registered native title claimant", in relation to land or waters, means a
person whose name appears in an entry (other than an entry amended under
subsection 190(2) to include details of a decision or determination) on the
Register of Native Title Claims as the person who is taken to be the claimant
in relation to the land or waters;

"Registrar" means the Native Title Registrar;

"representative Aboriginal/Torres Strait Islander body" means a body that is
the subject of a determination under subsection 202(1);

"right to negotiate application" has the meaning given by paragraph 139(1)(b);

"special matter" has the meaning given by paragraph 139(1)(c);

"State Minister", in relation to a State, means:

   (a)  if there is no nomination under paragraph (b)-the Premier of the
        State; or

   (b)  a Minister of the Crown of the State nominated in writing given to the
        Commonwealth Minister by the Premier for the purposes of this
        definition;

"statutory authority", in relation to the Crown in right of the Commonwealth,
a State or a Territory, means any authority or body established by a law of
the Commonwealth, the State or Territory other than a general law allowing
incorporation as a company or body corporate;

"Territory Minister", in relation to a Territory, means:

   (a)  if there is no nomination under paragraph (b)-the Chief Minister of
        the Territory; or

   (b)  a Minister of the Territory nominated in writing given to the
        Commonwealth Minister by the Chief Minister for the purposes of this
        definition;

"Torres Strait Islander" means a descendant of an indigenous inhabitant of the
Torres Strait Islands;

"Tribunal" means the National Native Title Tribunal;

"unopposed application" has the meaning given by paragraph 139(1)(a);

"valid" includes having full force and effect;

"waters" includes:

   (a)  sea, a river, a lake, a tidal inlet, a bay, an estuary, a harbour or
        subterranean waters; or

   (b)  the bed or subsoil under, or airspace over, any waters (including
        waters mentioned in paragraph (a)).