Native Title (State Provisions) Act 1999
Native Title (State Provisions) Act 1999
Western Australia
Native Title (State Provisions) Act 1999
Contents
Part 1 — Preliminary
1.1.Short title2
1.2.Commencement2
1.3.Objects3
1.4.Act binds the Crown3
1.5.Interpretation3
1.6.Performance of certain functions on behalf of Minister5
1.7.Replacement of person as objector etc.6
1.8.Objector ceasing to be a registered native title claimant6
Part 2 — Consultation procedures for alternative provision areas
Division 1 — Preliminary
2.1.Definitions8
2.2.Request for determination under section 43A of the NTA8
2.3.Transitional provisions8
2.4.Object of this Part8
Division 2 — Relevant future acts and their validity
2.5.Acts to which this Part applies8
2.6.Circumstances in which act is not valid8
2.7.Part 3 may be applied to a Part 2 act8
2.8.Other statutory requirements not affected9
Division 3 — Notices and objections
2.9.Proponent where act relates to mining9
2.10.Identification of proponents in other cases9
2.11.Closing day for objections9
2.12.Notification of acts9
2.13.Further provision as to notices9
2.14.Who gives notice9
2.15.Prescribed provisions about notice9
2.16.Right to object to doing of act9
2.17.Requirements for objections9
2.18.Time limit10
2.19.Government party to notify the Commission of objections10
2.20.Withdrawal of request etc. by proponent10
2.21.Withdrawal of proposal by Government party10
Division 4 — Consultation and agreements
2.22.Meaning of “consultation parties”10
2.23.Consultation10
2.24.Involvement of Commission, including mediation10
2.25.Withdrawal of objection10
2.26.Agreement made by parties10
Division 5 — Recommendations of the Commission
2.27.Commission may notify intention to hear10
2.28.Consultations may continue11
2.29.Dismissal of objections11
2.30.Time for making recommendation11
2.31.No recommendation if agreement etc.11
2.32.Making of recommendation11
2.33.Criteria for making recommendations11
2.34.Issues on which parties agree11
2.35.Copy of recommendation to be given11
2.36.Effect of recommendation11
2.37.Effect of recommendation that specifies conditions11
Division 6 — Overruling of recommendations
2.38.Responsible Minister may overrule a recommendation12
2.39.Determinations that responsible Minister may make12
2.40.Consultation before making of determination12
2.41.Ground on which determination may be made12
2.42.Conditions in determination12
2.43.Copy of determination to be laid before Parliament12
2.44.Responsible Minister may declare intention not to overrule12
Division 7 — Applications
2.45.Definition12
2.46.Form and contents of application12
2.47.Material and fees to accompany applications12
2.48.Application fee may be waived13
Division 8 — Judicial review
2.49.Application for review13
2.50.Time limit for application13
2.51.Procedure13
2.52.Grounds on which application may be made13
2.53.Powers of Court13
2.54.Effect on other remedies13
Part 3 — Right to negotiate procedures for areas not covered by Part 2
Division 1 — Preliminary
3.1.Request for determination under section 43(1)(b) of the NTA14
3.2.Transitional provisions14
3.3.Object of this Part14
Division 2 — Relevant future acts and their validity
3.4.Acts to which this Part applies14
3.5.Circumstances in which act is not valid14
3.6.Other statutory requirements not affected14
Division 3 — Notices and objections
3.7.Proponent where act relates to mining14
3.8.Identification of proponents in other cases15
3.9.Closing day for objections15
3.10.Notification of acts15
3.11.Further provision as to notices15
3.12.Notice may relate to 2 or more acts15
3.13.Who gives notice15
3.14.Prescribed provisions about notice15
3.15.Right to object to doing of act15
3.16.Requirements for objections15
3.17.Time limit15
3.18.Government party to notify the Commission of objections15
3.19.Withdrawal of request etc. by proponent16
3.20.Withdrawal of proposal by Government party16
Division 4 — Negotiations and agreements
3.21.Meaning of “negotiation parties”16
3.22.Negotiations16
3.23.Involvement of Commission, including mediation16
3.24.Withdrawal of objection16
3.25.Agreement made by parties16
3.26.Commission’s function in respect of an agreement16
3.27.Effect of conditional agreement16
Division 5 — Determinations
Subdivision 1 — Ministerial determination where Commission determination unreasonably delayed
3.28.Responsible Minister may give Commission notice as to urgency17
3.29.Responsible Minister may make determination17
3.30.Grounds for making determination17
3.31.Consultation with Commonwealth Minister17
3.32.Notice and submissions etc.17
3.33.Material etc. taken into account17
3.34.Minister’s power not limited17
3.35.No duty to make determination17
3.36.Conditions to have contractual effect17
3.37.Copy of determination to be given18
3.38.Copy of determination to be laid before Parliament18
Subdivision 2 — Determination by Commission
3.39.Commission may notify intention to hear18
3.40.Negotiations may continue18
3.41.Dismissal of objections18
3.42.Time for making determination18
3.43.No determination if agreement etc.18
3.44.Making of determination18
3.45.Criteria for making determinations18
3.46.Issues on which parties agree18
3.47.Determination may provide for issues to be resolved later19
3.48.No reopening of certain issues previously decided19
3.49Copy of determination to be given19
3.50.Effect of conditional determination19
Division 6 — Overruling of Commission’s determination
3.51.Responsible Minister may overrule19
3.52.Declarations that responsible Minister may make19
3.53.Grounds on which declaration may be made19
3.54.Conditions in declaration19
3.55.Copy of declaration to be laid before Parliament19
3.56.Responsible Minister may declare intention not to overrule19
Division 7 — Applications
3.57.Definition20
3.58.Form and contents of application20
3.59.Material and fees to accompany applications20
3.60.Application fee may be waived20
Part 4 — Consultation procedures for acts to which section 24MD(6B) of the NTA applies
Division 1 — Preliminary
4.1.Object of this Part21
4.2.Acts to which this Part applies21
4.3.Requirements to be satisfied before a Part 4 act is done21
4.4.Other statutory requirements not affected21
Division 2 — Notices and objections
4.5.Proponent where act relates to mining21
4.6.Identification of proponents in other cases21
4.7.Closing day for objections21
4.8.Notification of acts by Government party21
4.9.Further provision as to notices21
4.10.Prescribed provisions about notice22
4.11.Right to object to doing of act22
4.12.Requirements for objections22
4.13.Time limit22
4.14.Government party to notify the Commission of objections22
4.15.Withdrawal of request etc. by proponent22
4.16.Withdrawal of proposal by Government party22
Division 3 — Consultation and agreements
4.17.Meaning of “consultation parties”22
4.18.Consultation22
4.19.Involvement of Commission, including mediation22
4.20.Withdrawal of objection23
4.21.Agreement made by parties23
Division 4 — Recommendations of the Commission
4.22.Commission may notify intention to hear23
4.23.Consultations may continue23
4.24.Dismissal of objections23
4.25.Time for making recommendation23
4.26.No recommendation if agreement etc.23
4.27.Making of recommendation23
4.28.Criteria for making recommendations23
4.29.Issues on which parties agree23
4.30.Copy of recommendation to be given24
4.31.Effect of recommendation24
4.32.Effect of recommendation that specifies conditions24
Division 5 — Overruling of recommendations
4.33.Responsible Minister may overrule a recommendation24
4.34.Determinations that responsible Minister may make24
4.35.Consultation before making of determination24
4.36.Ground on which determination may be made24
4.37.Conditions in determination24
4.38.Copy of determination to be laid before Parliament24
4.39.Responsible Minister may declare intention not to overrule24
Division 6 — Applications
4.40.Definition25
4.41.Form and contents of application25
4.42.Material and fees to accompany applications25
4.43.Application fee may be waived25
Part 5 — Provisions relating to compensation
Division 1 — Preliminary
5.1.Definition26
Division 2 — Determination of compensation
5.2.Commission to determine compensation for certain acts26
5.3.Parties may agree on compensation26
5.4.Enforcement of order for compensation26
Division 3 — Principles to be applied in the determination of compensation
5.5.No multiple compensation for essentially same act26
5.6.Compensation principles to be as for ordinary title26
5.7.Compensation to be monetary26
5.8.Requests for non‑monetary compensation26
Division 4 — Determination of amounts to be held in trust and payment of those amounts
5.9.Conditions for payment of amounts to be held in trust27
5.10.How amounts held in trust to be dealt with27
5.11.Section 5.10(a) or (b) cases27
5.12.Section 5.10(c) cases27
5.13.Section 5.10(d) cases where monetary compensation27
5.14.Section 5.10(d) cases where non‑monetary compensation27
5.15.Section 5.10(d) cases where no compensation27
5.16.Section 5.10(e) cases27
5.17.Jurisdiction of the Commission under this Division27
Part 6 — Native Title Commission
Division 1 — Commission established
6.1.Establishment of Commission28
6.2.Functions of Commission28
6.3.Requirements for fairness etc. to be observed28
6.4.Membership of the Commission28
6.5.Eligibility for appointment as Chief Commissioner28
6.6.Appointment of member of NNTT28
6.7.Qualifications for appointment28
6.8.Ordinary members, notice of proposed appointment28
6.9.Administrative functions of Chief Commissioner28
6.10.Authorization of Chief Commissioner for purposes of section 199F of the NTA29
6.11.Delegation to members29
6.12.Other provisions relating to members29
Division 2 — Staff of the Commission
6.13.Use of government staff etc.29
6.14.Consultants29
Division 3 — Operation of Commission
Subdivision 1 — How Commission to be constituted
6.15.General position29
6.16.Constitution of Commission for the performance of certain functions29
6.17.Concurrent operations29
Subdivision 2 — Arrangement of business
6.18.Arrangement of business of the Commission30
6.19.Unavailability of member30
6.20.Completion of part‑heard proceedings30
Subdivision 3 — Hearings
6.21.Commission to hold hearings30
6.22.Commission may determine whether matters are to be grouped together30
6.23.Opportunity to make submissions30
6.24.Questions to be decided by majority30
6.25.Representation before Commission30
6.26.Participation by telephone, etc.30
6.27.Hearings normally to be public30
Subdivision 4 — Evidence and information
6.28.Evidence and findings of other bodies31
6.29.Commission may prohibit disclosure of evidence31
6.30.Power of Commission to summon31
6.31.Power of Commission to take evidence31
6.32.Power of the Commission to require answers31
6.33.Commission may authorize another person to take evidence31
6.34.Interpreters31
6.35.Retention and copying of documents31
Subdivision 5 — Recommendations and determinations
6.36.Recommendations and determinations31
Division 4 — Financial provisions
6.37.Funds for carrying out this Act32
6.38.Native Title Commission Account32
6.39.Application of Financial Administration and Audit Act 198532
Division 5 — General
6.40.Communication of information in certain cases32
6.41.Reference of question of law to the Supreme Court32
6.42.Offences32
6.43.Disclosure of interests32
6.44.Protection of members and persons appearing before the Commission32
6.45.Confidentiality32
Part 7 — Miscellaneous
7.1.Regulations33
7.2.Review of Act33
7.3.Consequential amendments33
7.4.Transitional provisions33
Schedule 1 — Provisions relating to members of the Commission
Schedule 2 — Consequential amendments
Schedule 3 — Transitional provisions
Division 1 — Existing applications for mining tenements
1.Definition37
2.Regulations may modify certain provisions37
3.Programme for dealing with existing mining applications37
Division 2 — Matters in progress under section 24MD(6B) of the NTA
4.Definition38
5.Regulations may make transitional provisions38
Notes
Compilation table40
Uncommenced provisions table40
Defined terms
Western Australia
Native Title (State Provisions) Act 1999
·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,
to consequentially amend certain Acts, and for related purposes.
This Act may be cited as the Native Title (State Provisions) Act 1999.
(1)Subject to this section, this Act comes into operation on the day on which it receives the Royal Assent.
(2)The provisions of Part 4, Divisions 1, 2 and 3 of Part 5, and Part 6 come into operation —
(a)on such day as is fixed by proclamation; or
(b)on such days as are respectively so fixed.
(3)Part 2, other than section 2.2, comes into operation on the day (“the Part 2 commencement day”) on which a determination under section 43A of the NTA in relation to that Part comes into force.
(4)Part 3, other than section 3.1, comes into operation on the day (“the Part 3 commencement day”) on which a determination under section 43 of the NTA in relation to that Part comes into force.
(5)Division 4 of Part 5 comes into operation on the Part 3 commencement day.
(6)Section 7.3 comes into operation on —
(a)the Part 2 commencement day;
(b)the Part 3 commencement day; or
(c)the day on which Part 4 commences,
whichever is the earliest or, if those days are the same day, on that day.
(7)The Minister is to cause notice of each of the Part 2 commencement day and the Part 3 commencement day to be published in the Gazette as soon as it is reasonably practicable for the Minister to do so.
The objects of this Act are those set out in —
(a)sections 2.4 and 3.3 (which relate to State alternative provisions for the purposes of sections 43 and 43A of the NTA);
(b)section 4.1 (which relates to State provisions supplementary to section 24MD(6B) of the NTA); and
(c)section 6.10 (which relates to the delegation of powers to the Chief Commissioner under section 199F of the NTA).
This Act binds the Crown —
(a)in right of Western Australia; and
(b)so far as the legislative power of the Parliament permits, in all its other capacities.
(1)In this Act the Native Title Act 1993 of the Commonwealth is referred to as the NTA.
(2)A word or expression used in this Act has the same meaning as it has in the NTA unless —
(a)this Act gives it another meaning; or
(b)the contrary intention appears in some other way.
Note:
A list of words and expressions used in this Act and defined in the NTA is attached to this Act. The list shows where in the NTA each definition can be found.
(3)The expression Commonwealth Minister when used in this Act in relation to a provision of the NTA has the same meaning as it has in that provision.
(4)In this Act, unless the contrary intention appears —
Chief Commissioner means the person appointed as such under section 6.4(2);
closing day, in relation to a Part 2 act, a Part 3 act or a Part 4 act, means —
(a)the day fixed under section 2.11, 3.9 or 4.7 for the lodgment of objections to the doing of the act; or
(b)the later day fixed under section 2.18(2), 3.17(2) or 4.13(2) for that purpose,
as the case may require;
Commission means the body established by section 6.1;
consultation parties has the meaning given by section 2.22 or 4.17, as the case may require;
Government party means the person who has power to do, on behalf of the State, an act of the kind referred to in section 2.5, 3.4 or 4.2, as the case may require;
member means a member of the Commission and includes the Chief Commissioner;
negotiation parties has the meaning given by section 3.21;
objector means a person who has made an objection under section 2.16, 3.15 or 4.11, as the case may require, that has not been withdrawn or dismissed;
ordinary member means a member of the Commission other than the Chief Commissioner;
Part 2 act has the meaning given by section 2.5;
Part 3 act has the meaning given by section 3.4 and includes an act to which section 2.7 applies;
Part 4 act has the meaning given by section 4.2;
proponent means a person who is a proponent under section 2.9, 2.10, 3.7, 3.8, 4.5 or 4.6, as the case may require;
recommendation means a recommendation of the Commission under section 2.32 or 4.27, as the case may require;
registered native title rights and interests means —
(a)where the person to whom the expression refers is a registered native title claimant, the native title rights and interests described in the relevant entry on the Register of Native Title Claims; and
(b)where the person to whom the expression refers is a registered native title body corporate, the native title rights and interests described in the relevant entry on the National Native Title Register;
relevant land —
(a)in Parts 2 and 4, means the land or waters to which the Part 2 act or the Part 4 act concerned relates;
(b)in Part 3, means the land or waters that would be affected by the Part 3 act concerned if it were done; and
(c)in section 5.2(1), has the meaning specified in paragraph (a) or (b) that is appropriate to the act concerned;
responsible Minister, in relation to a Part 2 act, a Part 3 act or a Part 4 act, means the Minister responsible for the administration of the Act under which the act would be done.
(5)To avoid doubt it is declared that references in this Act to written law are to a written law of the State.
(6)Notes in this Act are provided to assist understanding and do not form part of the Act.
1.6.Performance of certain functions on behalf of Minister
(1)Where a Government party is a Minister of the Crown the consultation or negotiation functions of the Government party under Part 2, 3, or 4 may be performed on behalf of the Government party by any official authorized by the Government party for that purpose, whether generally or for any particular case.
(2)Nothing in this Act is to be read as preventing the exercise by a Government party of a power of delegation conferred by a written law.
1.7.Replacement of person as objector etc.
(1)If —
(a)a person becomes a registered native title claimant because the person replaces another person as the applicant in relation to a native title determination application under section 61 of the NTA; and
(b)the other person is an objector, a consultation party or a negotiation party,
the first‑mentioned person also replaces the other person in his or her capacity referred to in paragraph (b).
(2)If —
(a)a registered native title claimant in relation to a determination application under section 61 of the NTA is an objector, a consultation party or a negotiation party in relation to an act; and
(b)as a result of a determination of an application under that section a body corporate becomes a registered native title body corporate in relation to the relevant land,
the registered native title body corporate replaces the registered native title claimant as the objector, consultation party or negotiation party in relation to the act.
1.8.Objector ceasing to be a registered native title claimant
If a person who has lodged an objection under section 2.16(1)(b), 3.15(1)(b) or 4.11(1)(b) ceases to be a registered native title claimant, the person also ceases to be an objector, a consultation party or a negotiation party, as the case may be.
Part 2 — Consultation procedures for alternative provision areas
[to be inserted]
2.2.Request for determination under section 43A of the NTA
The State Minister may, on behalf of the State, request the Commonwealth Minister to make a determination under section 43A of the NTA that —
(a)the provisions of this Part comply with section 43A(4) and (6) of the NTA; and
(b)the requirements of section 43A(7) are complied with.
[to be inserted]
[to be inserted]
Division 2 — Relevant future acts and their validity
2.5.Acts to which this Part applies
[to be inserted]
2.6.Circumstances in which act is not valid
[to be inserted]
2.7.Part 3 may be applied to a Part 2 act
[to be inserted]
2.8.Other statutory requirements not affected
[to be inserted]
Division 3 — Notices and objections
2.9.Proponent where act relates to mining
[to be inserted]
2.10.Identification of proponents in other cases
[to be inserted]
2.11.Closing day for objections
[to be inserted]
[to be inserted]
2.13.Further provision as to notices
[to be inserted]
[to be inserted]
2.15.Prescribed provisions about notice
[to be inserted]
2.16.Right to object to doing of act
[to be inserted]
2.17.Requirements for objections
[to be inserted]
[to be inserted]
2.19.Government party to notify the Commission of objections
[to be inserted]
2.20.Withdrawal of request etc. by proponent
[to be inserted]
2.21.Withdrawal of proposal by Government party
[to be inserted]
Division 4 — Consultation and agreements
2.22.Meaning of “consultation parties”
[to be inserted]
[to be inserted]
2.24.Involvement of Commission, including mediation
[to be inserted]
[to be inserted]
2.26.Agreement made by parties
[to be inserted]
Division 5 — Recommendations of the Commission
2.27.Commission may notify intention to hear
[to be inserted]
2.28.Consultations may continue
[to be inserted]
[to be inserted]
2.30.Time for making recommendation
[to be inserted]
2.31.No recommendation if agreement etc.
[to be inserted]
[to be inserted]
2.33.Criteria for making recommendations
[to be inserted]
2.34.Issues on which parties agree
[to be inserted]
2.35.Copy of recommendation to be given
[to be inserted]
[to be inserted]
2.37.Effect of recommendation that specifies conditions
[to be inserted]
Division 6 — Overruling of recommendations
2.38.Responsible Minister may overrule a recommendation
[to be inserted]
2.39.Determinations that responsible Minister may make
[to be inserted]
2.40.Consultation before making of determination
[to be inserted]
2.41.Ground on which determination may be made
[to be inserted]
2.42.Conditions in determination
[to be inserted]
2.43.Copy of determination to be laid before Parliament
[to be inserted]
2.44.Responsible Minister may declare intention not to overrule
[to be inserted]
[to be inserted]
2.46.Form and contents of application
[to be inserted]
2.47.Material and fees to accompany applications
[to be inserted]
2.48.Application fee may be waived
[to be inserted]
[to be inserted]
2.50.Time limit for application
[to be inserted]
[to be inserted]
2.52.Grounds on which application may be made
[to be inserted]
[to be inserted]
[to be inserted]
Part 3 — Right to negotiate procedures for areas not covered by Part 2
3.1.Request for determination under section 43(1)(b) of the NTA
The State Minister may, on behalf of the State, request the Commonwealth Minister to make a determination under section 43(1)(b) of the NTA that the provisions of this Part comply with section 43(2) of the NTA.
[to be inserted]
[to be inserted]
Division 2 — Relevant future acts and their validity
3.4.Acts to which this Part applies
[to be inserted]
3.5.Circumstances in which act is not valid
[to be inserted]
3.6.Other statutory requirements not affected
[to be inserted]
Division 3 — Notices and objections
3.7.Proponent where act relates to mining
[to be inserted]
3.8.Identification of proponents in other cases
[to be inserted]
3.9.Closing day for objections
[to be inserted]
[to be inserted]
3.11.Further provision as to notices
[to be inserted]
3.12.Notice may relate to 2 or more acts
[to be inserted]
[to be inserted]
3.14.Prescribed provisions about notice
[to be inserted]
3.15.Right to object to doing of act
[to be inserted]
3.16.Requirements for objections
[to be inserted]
[to be inserted]
3.18.Government party to notify the Commission of objections
[to be inserted]
3.19.Withdrawal of request etc. by proponent
[to be inserted]
3.20.Withdrawal of proposal by Government party
[to be inserted]
Division 4 — Negotiations and agreements
3.21.Meaning of “negotiation parties”
[to be inserted]
[to be inserted]
3.23.Involvement of Commission, including mediation
[to be inserted]
[to be inserted]
3.25.Agreement made by parties
[to be inserted]
3.26.Commission’s function in respect of an agreement
[to be inserted]
3.27.Effect of conditional agreement
[to be inserted]
Subdivision 1 — Ministerial determination where Commission determination unreasonably delayed
3.28.Responsible Minister may give Commission notice as to urgency
[to be inserted]
3.29.Responsible Minister may make determination
[to be inserted]
3.30.Grounds for making determination
[to be inserted]
3.31.Consultation with Commonwealth Minister
[to be inserted]
3.32.Notice and submissions etc.
[to be inserted]
3.33.Material etc. taken into account
[to be inserted]
3.34.Minister’s power not limited
[to be inserted]
3.35.No duty to make determination
[to be inserted]
3.36.Conditions to have contractual effect
[to be inserted]
3.37.Copy of determination to be given
[to be inserted]
3.38.Copy of determination to be laid before Parliament
[to be inserted]
Subdivision 2 — Determination by Commission
3.39.Commission may notify intention to hear
[to be inserted]
3.40.Negotiations may continue
[to be inserted]
[to be inserted]
3.42.Time for making determination
[to be inserted]
3.43.No determination if agreement etc.
[to be inserted]
[to be inserted]
3.45.Criteria for making determinations
[to be inserted]
3.46.Issues on which parties agree
[to be inserted]
3.47.Determination may provide for issues to be resolved later
[to be inserted]
3.48.No reopening of certain issues previously decided
[to be inserted]
3.49Copy of determination to be given
[to be inserted]
3.50.Effect of conditional determination
[to be inserted]
Division 6 — Overruling of Commission’s determination
3.51.Responsible Minister may overrule
[to be inserted]
3.52.Declarations that responsible Minister may make
[to be inserted]
3.53.Grounds on which declaration may be made
[to be inserted]
3.54.Conditions in declaration
[to be inserted]
3.55.Copy of declaration to be laid before Parliament
[to be inserted]
3.56.Responsible Minister may declare intention not to overrule
[to be inserted]
[to be inserted]
3.58.Form and contents of application
[to be inserted]
3.59.Material and fees to accompany applications
[to be inserted]
3.60.Application fee may be waived
[to be inserted]
Part 4 — Consultation procedures for acts to which section 24MD(6B) of the NTA applies
[to be inserted]
4.2.Acts to which this Part applies
[to be inserted]
4.3.Requirements to be satisfied before a Part 4 act is done
[to be inserted]
4.4.Other statutory requirements not affected
[to be inserted]
Division 2 — Notices and objections
4.5.Proponent where act relates to mining
[to be inserted]
4.6.Identification of proponents in other cases
[to be inserted]
4.7.Closing day for objections
[to be inserted]
4.8.Notification of acts by Government party
[to be inserted]
4.9.Further provision as to notices
[to be inserted]
4.10.Prescribed provisions about notice
[to be inserted]
4.11.Right to object to doing of act
[to be inserted]
4.12.Requirements for objections
[to be inserted]
[to be inserted]
4.14.Government party to notify the Commission of objections
[to be inserted]
4.15.Withdrawal of request etc. by proponent
[to be inserted]
4.16.Withdrawal of proposal by Government party
[to be inserted]
Division 3 — Consultation and agreements
4.17.Meaning of “consultation parties”
[to be inserted]
[to be inserted]
4.19.Involvement of Commission, including mediation
[to be inserted]
[to be inserted]
4.21.Agreement made by parties
[to be inserted]
Division 4 — Recommendations of the Commission
4.22.Commission may notify intention to hear
[to be inserted]
4.23.Consultations may continue
[to be inserted]
[to be inserted]
4.25.Time for making recommendation
[to be inserted]
4.26.No recommendation if agreement etc.
[to be inserted]
[to be inserted]
4.28.Criteria for making recommendations
[to be inserted]
4.29.Issues on which parties agree
[to be inserted]
4.30.Copy of recommendation to be given
[to be inserted]
[to be inserted]
4.32.Effect of recommendation that specifies conditions
[to be inserted]
Division 5 — Overruling of recommendations
4.33.Responsible Minister may overrule a recommendation
[to be inserted]
4.34.Determinations that responsible Minister may make
[to be inserted]
4.35.Consultation before making of determination
[to be inserted]
4.36.Ground on which determination may be made
[to be inserted]
4.37.Conditions in determination
[to be inserted]
4.38.Copy of determination to be laid before Parliament
[to be inserted]
4.39.Responsible Minister may declare intention not to overrule
[to be inserted]
[to be inserted]
4.41.Form and contents of application
[to be inserted]
4.42.Material and fees to accompany applications
[to be inserted]
4.43.Application fee may be waived
[to be inserted]
Part 5 — Provisions relating to compensation
[to be inserted]
Division 2 — Determination of compensation
5.2.Commission to determine compensation for certain acts
[to be inserted]
5.3.Parties may agree on compensation
[to be inserted]
5.4.Enforcement of order for compensation
[to be inserted]
Division 3 — Principles to be applied in the determination of compensation
5.5.No multiple compensation for essentially same act
[to be inserted]
5.6.Compensation principles to be as for ordinary title
[to be inserted]
5.7.Compensation to be monetary
[to be inserted]
5.8.Requests for non‑monetary compensation
[to be inserted]
Division 4 — Determination of amounts to be held in trust and payment of those amounts
5.9.Conditions for payment of amounts to be held in trust
[to be inserted]
5.10.How amounts held in trust to be dealt with
[to be inserted]
5.11.Section 5.10(a) or (b) cases
[to be inserted]
[to be inserted]
5.13.Section 5.10(d) cases where monetary compensation
[to be inserted]
5.14.Section 5.10(d) cases where non‑monetary compensation
[to be inserted]
5.15.Section 5.10(d) cases where no compensation
[to be inserted]
[to be inserted]
5.17.Jurisdiction of the Commission under this Division
[to be inserted]
Part 6 — Native Title Commission
Division 1 — Commission established
6.1.Establishment of Commission
[to be inserted]
[to be inserted]
6.3.Requirements for fairness etc. to be observed
[to be inserted]
6.4.Membership of the Commission
[to be inserted]
6.5.Eligibility for appointment as Chief Commissioner
[to be inserted]
6.6.Appointment of member of NNTT
[to be inserted]
6.7.Qualifications for appointment
[to be inserted]
6.8.Ordinary members, notice of proposed appointment
[to be inserted]
6.9.Administrative functions of Chief Commissioner
[to be inserted]
6.10.Authorization of Chief Commissioner for purposes of section 199F of the NTA
[to be inserted]
[to be inserted]
6.12.Other provisions relating to members
[to be inserted]
Division 2 — Staff of the Commission
6.13.Use of government staff etc.
[to be inserted]
[to be inserted]
Division 3 — Operation of Commission
Subdivision 1 — How Commission to be constituted
[to be inserted]
6.16.Constitution of Commission for the performance of certain functions
[to be inserted]
[to be inserted]
Subdivision 2 — Arrangement of business
6.18.Arrangement of business of the Commission
[to be inserted]
[to be inserted]
6.20.Completion of part‑heard proceedings
[to be inserted]
6.21.Commission to hold hearings
[to be inserted]
6.22.Commission may determine whether matters are to be grouped together
[to be inserted]
6.23.Opportunity to make submissions
[to be inserted]
6.24.Questions to be decided by majority
[to be inserted]
6.25.Representation before Commission
[to be inserted]
6.26.Participation by telephone, etc.
[to be inserted]
6.27.Hearings normally to be public
[to be inserted]
Subdivision 4 — Evidence and information
6.28.Evidence and findings of other bodies
[to be inserted]
6.29.Commission may prohibit disclosure of evidence
[to be inserted]
6.30.Power of Commission to summon
[to be inserted]
6.31.Power of Commission to take evidence
[to be inserted]
6.32.Power of the Commission to require answers
[to be inserted]
6.33.Commission may authorize another person to take evidence
[to be inserted]
[to be inserted]
6.35.Retention and copying of documents
[to be inserted]
Subdivision 5 — Recommendations and determinations
6.36.Recommendations and determinations
[to be inserted]
Division 4 — Financial provisions
6.37.Funds for carrying out this Act
[to be inserted]
6.38.Native Title Commission Account
[to be inserted]
6.39.Application of Financial Administration and Audit Act 1985
[to be inserted]
6.40.Communication of information in certain cases
[to be inserted]
6.41.Reference of question of law to the Supreme Court
[to be inserted]
[to be inserted]
[to be inserted]
6.44.Protection of members and persons appearing before the Commission
[to be inserted]
[to be inserted]
(1)The Governor may make regulations prescribing all matters that are required or permitted to be prescribed or are necessary or convenient to be prescribed for the purposes of this Act.
(2)Without limiting subsection (1), the regulations may prescribe fees that are to be paid in connection with applications to, and proceedings in, the Commission.
(1)The Minister is to carry out and complete a review of the operation and effectiveness of this Act within 12 months after the 5th anniversary of the commencement of any provision of Part 6.
(2)In carrying out the review the Minister is to have particular regard to whether the public policy objectives of this Act remain valid and whether its provisions remain appropriate for achieving those objectives.
(3)The Minister is to prepare a report based on the review and cause the report to be laid before each House of Parliament as soon as is practicable after it is completed.
[To be inserted.]
(1)Despite anything in Part 2 or Part 3, that Part does not apply to an act that would, apart from this subsection, be a Part 2 act or a Part 3 act if, before the commencement of that Part, all notices provided for by section 29 of the NTA have been given in relation to the act.
(2)Division 1 of Schedule 3 has effect to enable regulations of a transitional nature to be made as to certain matters in progress at the commencement of Part 2 and Part 3.
(3)Division 2 of Schedule 3 has effect to enable regulations of a transitional nature to be made as to matters in progress under section 24MD(6B) of the NTA at the commencement of Part 4.
Schedule 1 — Provisions relating to members of the Commission
[See section 6.12.]
Schedule 2 — Consequential amendments
[See section 7.3.]
Schedule 3 — Transitional provisions
[s. 7.4]
Division 1 — Existing applications for mining tenements
In this Division —
existing mining application means an application —
(a)for a Part 2 act or a Part 3 act to be done that would —
(i)create or vary a right to mine; or
(ii)renew, re‑grant, remake or extend the term of an instrument creating a right to mine; and
(b)that —
(i)was made before the commencement of Part 2 or Part 3, as the case may be; but
(ii)was not granted before that commencement.
2.Regulations may modify certain provisions
The regulations may make provisions by which sections 2.14 and 3.13 are modified in their application to Part 2 acts and Part 3 acts to which existing mining applications relate to provide that all notices of those acts under sections 2.12 and 3.10 are to be given by the Government party.
3.Programme for dealing with existing mining applications
(1)The regulations may make provisions that establish a programme by which the giving of notices under sections 2.12 and 3.10 of Part 2 acts and Part 3 acts to which existing mining applications relate are to be spread over a period of time.
(2)The purpose of the programme is to enable the processes in Parts 2 and 3 to be applied to the acts concerned in an orderly and effective manner.
(3)In particular, the regulations may provide, as part of the programme, for the giving of notices of acts relating to areas of the State specified in the regulations to be limited to a certain number of acts during a period so specified.
Division 2 — Matters in progress under section 24MD(6B) of the NTA
(1)In this Division —
section 24MD(6B) matter means, subject to this clause, an act, matter or circumstance that has occurred or come into existence before the commencement of Part 4 for the purpose of —
(a)the State meeting its obligations; or
(b)a person exercising rights or performing functions,
under subsection (6B) of section 24MD of the NTA, or otherwise for the purposes of that subsection.
(2)The definition in subclause (1) includes notices given, time that has elapsed or commenced to run, objections made, requests for a hearing and, subject to subclause (3), proceedings commenced.
(3)The definition does not include —
(a)proceedings commenced if the independent person referred to in section 24MD(6B) has entered upon the proceedings to the extent of holding a hearing; or
(b)determinations or recommendations made.
5.Regulations may make transitional provisions
(1)The regulations may make any provision of a transitional nature that is necessary or expedient to be made to ensure that, after the commencement of Part 4 —
(a)all section 24MD(6B) matters are dealt with under that Part; and
(b)there is an effective transition from the provisions of section 24MD(6B) of the NTA to the provisions of that Part.
(2)Without limiting subclause (1), the regulations may make provision for the continuing effect of section 24MD(6B) matters, whether with or without modification, and for those matters to be treated as if they had occurred or come into existence for the purposes of Part 4.
(3)Provision may be made as mentioned in subclause (2) despite the fact that a section 24MD(6B) matter does not fully comply with a requirement of Part 4.
This is a compilation of the Native Title (State Provisions) Act 1999. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|
Native Title (State Provisions) Act 1999 |
60 of 1999 |
10 Jan 2000 |
10 Jan 2000 (see s. 2(1)) |
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|
Native Title (State Provisions) Act 1999 Pt. 2 (except s. 2.2), Pt. 3 (except s. 3.1), Pt. 4‑6, s. 7.3 and |
60 of 1999 (as amended by No. 59 of 2004 s. 141 cl. 107; No. 77 of 2006 s. 17) |
10 Jan 2000 |
Pt. 2 (except s. 2.2), Pt. 3 (except s. 3.1) and Pt. 5 Div. 4 operative day to be determined under Commonwealth Native Title Act 1993, s. 43A (see s. 1.2(3)-(5)); |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
Chief Commissioner1(4)
closing day1(4)
Commission1(4)
Commonwealth Minister1(3)
consultation parties1(4)
existing mining applicationSch. 3 cl. 1
Government party1(4)
member1(4)
negotiation parties1(4)
objector1(4)
ordinary member1(4)
Part 2 act1(4)
Part 3 act1(4)
Part 4 act1(4)
proponent1(4)
recommendation1(4)
registered native title rights and interests1(4)
relevant land1(4)
responsible Minister1(4)
section 24MD(6B) matterSch. 3 cl. 4(1)
written law1(5)