with the NNTT and approved by ORIC. Right to be The right of a native title party to be informed about a consulted proposed future act and to be consulted on ways of minimising the impact of the act on native title rights and interests. The right to be consulted does not require negotiation or consent before the future act can proceed. Right to be notified The right to be notified about a particular type of future act. Does not require consultation, negotiation or consent before the future act can proceed. Right to negotiate The right of the native title party to be informed about the proposed future act and to negotiate an agreement about how the proposed future act is to proceed, which can include benefits to the native title party, how heritage is to be protected, etc. If an agreement is not reached following negotiations in good faith, any negotiating party can apply to the National Native Title Tribunal to determine whether the future act can be done, can be done subject to conditions or cannot be done. Town Site ILUA An Indigenous Land Use Agreement between the State Government and native title party which sets out how land grants in and around town sites can be managed after a determination that native title exists over town site land, and provides for acts that extinguish native title as well as acts, as applicable in the particular town site. Western Australian The statutory authority with state-wide responsibilities for Planning urban, rural and regional land use planning and land Commission development matters. The Department of Planning provides administrative and technical support for the WAPC to carry out its statutory functions.
with the NNTT and approved by ORIC. Right to be consulted The right of a native title party to be informed about a proposed future act and to be consulted on ways of minimising the impact of the act on native title rights and interests. The right to be consulted does not require negotiation or consent before the future act can proceed. Right to be notified The right to be notified about a particular type of future act. Does not require consultation, negotiation or consent before the future act can proceed. Right to negotiate The right of the native title party to be informed about the proposed future act and to negotiate an agreement about how the proposed future act is to proceed, which can include benefits to the native title party, how heritage is to be protected, etc. If an agreement is not reached following negotiations in good faith, any negotiating party can apply to the National Native Title Tribunal to determine whether the future act can be done, can be done subject to conditions or cannot be done. Town Site ILUA An Indigenous Land Use Agreement between the State Government and native title party which sets out how land grants in and around town sites can be managed after a determination that native title exists over town site land, and provides for acts that extinguish native title as well as acts, as applicable in the particular town site. Western Australian Planning Commission The statutory authority with state-wide responsibilities for urban, rural and regional land use planning and land development matters. The Department of Planning provides administrative and technical support for the WAPC to carry out its statutory functions.
Guide-to-Government-Business-under-the-Commonwealth-Native-Title-Act-1993-Version-1-12-July-2013.docx