NATIVE TITLE (NEW SOUTH WALES) ACT 1994 - As at 20 March 2024 - Act 45 of 1994

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of this Act
• 4 Definitions
• 5 Words and expressions used in Commonwealth Native Title Act
• 6 Act to bind Crown

PART 2 - VALIDATION AND ITS EFFECTS

Division 1 - General

• 7 Objects of this Part
• 8 Validation of past acts attributable to the State
• 8A Validation of intermediate period acts attributable to the State
• 9 Application of remaining provisions of this Part

Division 2 - Effect of validation of past acts on native title

• 9A Application of this Division
• 10 Category A past acts that are not public works
• 11 Category A past acts that are public works
• 12 Inconsistent category B past acts
• 13 Category C and D past acts
• 14 Extinguishment does not confer right to eject or remove Aboriginal peoples

Division 2A - Effect of validation of intermediate period acts on native title

• 14A Application of this Division
• 14B Category A intermediate period acts dealing with the granting or vesting of certain interests in land or waters
• 14C Category A intermediate period acts that are public works
• 14D Category B intermediate period acts
• 14E Category C and D intermediate period acts
• 14F This Division is subject to registered indigenous land use agreements

Division 3 - Other effects of validation

• 15 Preservation of beneficial reservations and conditions--past acts
• 15A Preservation of beneficial reservations and conditions--intermediate period acts

PART 3 - CONFIRMATION OF CERTAIN RIGHTS

• 16 Object of this Part
• 17 Confirmation of ownership of natural resources, right to flow of water and fishing access rights
• 18 Confirmation of access to certain areas

PART 4 - CONFIRMATION OF PAST EXTINGUISHMENT OF NATIVE TITLE

Division 1 - Objects of this Part

• 19 Objects of this Part

Division 2 - Confirmation of extinguishment of native title by previous exclusive possession acts

• 20 Confirmation of extinguishment of native title by previous exclusive possession acts of the State
• 21 Preservation of beneficial reservations and conditions
• 22 Confirmation of validity of use of certain land held by Crown etc

Division 3 - Confirmation of partial extinguishment of native title by previous non-exclusive possession acts

• 23 Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of the State
• 24 Preservation of beneficial reservations and conditions
• 25 Notification

PART 5 - VALIDATION OF TRANSFERS UNDER LAND RIGHTS LEGISLATION

• 26 Object of this Part
• 27 Validation of transfers
• 28 Effect of validation on native title

PART 6 - VALIDATION OF ACTS COVERED BY INDIGENOUS LAND USE AGREEMENTS

• 29 Objects of this Part
• 30 Validation of future acts covered by indigenous land use agreements
• 31 Change of effects of validation of intermediate period acts covered by indigenous land use agreements

PART 7 - INDEPENDENT ADJUDICATION OF CERTAIN NATIVE TITLE OBJECTIONS UNDER COMMONWEALTH ACT

• 32 Object of this Part
• 33 Definitions
• 34 Referral of objections to NCAT at request of objector
• 35 Parties to proceedings before NCAT
• 36 Determinations of NCAT
• 37 Compliance with determination of NCAT
• 38 Other provisions relating to NCAT's jurisdiction
• 39 Other statutory requirements not affected
40-52. (Repealed) PARTS 8, 9 - (Repealed) None

PART 10 - (Expired)

PART 11 - MISCELLANEOUS

• 103 Satisfying right of native title holders to be notified of an act
• 103A Satisfying other procedural rights of native title holders
• 104 Recovery of compensation paid by the Crown from an authority of the State
• 104A Saving of native title rights and interests with respect to national parks and other reservations, dedications or declarations
• 105 Notes in the text
• 106 Regulations
107. (Repealed)
• 107A Savings, transitional and other provisions
• 108 Review of Act
Schedule 1 (Repealed)
• SCHEDULE 2