Determination Determine whether Mandatory Federal Core judicial function, not of claims or not native title Court capable of being conferred on an exists and the administrative agency. nature and extent of that title Registration of Apply the Mandatory NNTT Must be performed by an claims registration test to administrative agency. native title claims Registration confers valuable rights for native title claimants. The registration test is complex and expensive to administer – the Government could perhaps consider simplifying the test. Registration of Apply the Mandatory NNTT Must be performed by an ILUAs registration test to administrative agency. ILUAs Registration binds non-party native title holders. The registration test is complex and expensive to administer the – Government could perhaps consider simplifying the test. Determine When an objection Mandatory NNTT Must be performed by an objections to to expedited administrative agency. Enables expedited procedure is certain minimum impact future procedure lodged, the NNTT acts to proceed expeditiously determines whether or not the relevant future act attracts the expedited procedure Future act Where no Mandatory NNTT Must be performed by an determinations agreement can be administrative agency. This is a reached, the NNTT Tribunal Member function and determines whether cannot be performed by a or not a future act judicial member of the NNTT. may take place, and any conditions
Determination of claims Determine whether or not native title exists and the nature and extent of that title Mandatory Federal Court Core judicial function, not capable of being conferred on an administrative agency. Registration of claims Apply the registration test to native title claims Mandatory NNTT Must be performed by an administrative agency. Registration confers valuable rights for native title claimants. The registration test is complex and expensive to administer – the Government could perhaps consider simplifying the test. Registration of ILUAs Apply the registration test to ILUAs Mandatory NNTT Must be performed by an administrative agency. Registration binds non-party native title holders. The registration test is complex and expensive to administer – the Government could perhaps consider simplifying the test. Determine objections to expedited procedure When an objection to expedited procedure is lodged, the NNTT determines whether or not the relevant future act attracts the expedited procedure Mandatory NNTT Must be performed by an administrative agency. Enables certain minimum impact future acts to proceed expeditiously Future act determinations Where no agreement can be reached, the NNTT determines whether or not a future act may take place, and any conditions Mandatory NNTT Must be performed by an administrative agency. This is a Tribunal Member function and cannot be performed by a judicial member of the NNTT.
strategic_review_ag.docx