The main objects of the Act, consisting of 7 sections divided into seven Parts and completed by three Schedules, aim at making the following matters: alternative provisions to those contained in Part 2 Division 3 Subdivision P of the Native Title Act 1993 of the Commonwealth, in accordance with sections 43 and 43A of that Act; provisions that are supplementary to those in section 24MD(6B) of that Act; and provision for delegations in respect of the State under section 199F of that Act. The text of the Act consists of 253 sections, preceded by a preamble and divided into 15 Parts. These Parts carry, inter alia, the following headings: Native title (2); Applications (3); Determinations of the Federal Court (4); Native Title Registrar (5); National Native Title Tribunal (6); Register of native title claims (7); National Native Title Register (8); Register of Indigenous Land Use Agreements (8A); National Aboriginal and Torres Strait Islander Land Fund (10); Definitions (15). Part 2 is divided into 8 divisions: Recognition and protection of native title (1); Validation of past acts (2); Validation of intermediate period acts, etc. (2A); Validation of transfers under New South Wales land rights legislation (2AA); Future acts and native title (3); Other provisions relating to native title (4); Determination of compensation for acts affecting native title etc. (5); Native title functions of prescribed bodies corporate and holding of native title in trust (6). Sections of Part 2 deal with the effect of validation of native title in relation with past acts of the Commonwealth respectively past acts of a State or Territory. Native title is recognised, and protected, in accordance with this Act (sect. 10). Native title is not able to be extinguished contrary to this Act (sect. 11). Subject to this Act, after 30 June 1993, the common law of Australia in respect of native title has the force of law of the Commonwealth. Native title holders may, under an agreement with the Commonwealth, State or Territory surrender their native title and interests in relation to land and waters. Part 3 deals with applications for the determination of a native title to the Native Title Registrar. Section 107 provides for the establishment of a Native Title Tribunal.
Australia · 2000-01-10