Native Title (Queensland) Act 1993

This Act may be cited as the Native Title (Queensland) Act 1993.

This Act (including subsections (3) and (4) of this section) commences on a day to be fixed by proclamation.

Section 15C(1) of the Acts Interpretation Act 1954 does not apply to subsections (3) and (4) of this section.

The following sections are taken to have commenced immediately after the commencement of section 1.03 of the Aboriginal Land Act 1991—

• section 157 (Amended Act)

• section 158 (Amendment of s.1.03 (Definitions))

• section 159 (Insertion of new s.1.04A (Meaning of native title interests))

• section 160 (Amendment of s.2.13 (Lands that are available Crown land—general))

• section 161 (Amendment of s.3.06 (Existing interests))

• section 162 (Amendment of s.5.08 (Existing interests)).

The following sections are taken to have commenced immediately after the commencement of section 1.04 of the Torres Strait Islander Land Act 1991—

• section 165 (Amended Act)

• section 166 (Amendment of s.1.04 (Definitions))

• section 167 (Insertion of new s.1.05A (Meaning of native title interests))

• section 168 (Amendment of s.2.10 (Lands that are available Crown land—general))

• section 169 (Amendment of s.3.06 (Existing interests))

• section 170 (Amendment of s.5.08 (Existing interests)).

The main objects of the Commonwealth Native Title Act are—

to provide for the recognition and protection of native title; and

to establish ways in which future dealings affecting native title may proceed and to set standards for the dealings; and

to establish a mechanism for determining claims to native title; and

to provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title.

The main objects of this Act are—

in accordance with the Commonwealth Native Title Act, to validate past acts, and intermediate period acts, invalidated because of the existence of native title and to confirm certain rights; and

to ensure that Queensland law is consistent with standards set by the Commonwealth Native Title Act for future dealings affecting native title.

In this Act—

accepted application...

accepted application notice...

alternative provisions...

claimant application...

Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).

compensation application...

Land Tribunal...

lawyer...

mediation conference...

member...

National Registrar...

native title determination application...

Native Title Register...

non-claimant application...

NTA, in a section heading, means the Commonwealth Native Title Act.

potentially affected person...

President...

presidential member...

registered native title body corporate...

registered native title claimant...

registered native title holder...

Registrar...

revised native title determination application...

right to negotiate application...

special issue...

State Compulsory Acquisition Act...

State Mining Act...

State mining Act means any of the following Acts—

• Mineral Resources Act 1989

• Petroleum Act 1923

• Petroleum and Gas (Production and Safety) Act 2004

• an Act prescribed by regulation.

Tribunal...

tribunal...

unopposed application...

Wardens Court...

Words and expressions used in the Commonwealth Native Title Act and this Act have the same meanings in this Act as they have in the Commonwealth Native Title Act.

Editor’s note—

Section 222 of the Commonwealth Native Title Act sets out a list of definitions used in that Act.

Subsection (1) applies except so far as the context or subject matter otherwise indicates or requires.

However, subsection (1) does not apply to a word or expression defined in section 4 (Definitions).

This Act binds all persons, including the State.

The object of this part is to—

validate, under section 19 of the Commonwealth Native Title Act, past acts attributable to the State; andEditor’s note—

An act is defined in the Commonwealth Native Title Act, section 226.

A past act is defined in the Commonwealth Native Title Act, section 228.

An act attributable to the State is defined in the Commonwealth Native Title Act, section 239.

validate, under section 22F of the Commonwealth Native Title Act, intermediate period acts attributable to the State; andEditor’s note—

For what is an intermediate period act, see the Commonwealth Native Title Act, section 232A. There are 4 categories of intermediate period acts, called category A, B, C and D intermediate period acts. They are defined in sections 232B to 232E and deal with a number of things, including leasehold and freehold interests in land, other interests in land and waters, and public works.

provide for the effects of the validation.

The object of this part is also to validate, under section 24EBA(3) of the Commonwealth Native Title Act, certain future acts.

Every past act attributable to the State is valid, and is taken always to have been valid.

Every intermediate period act attributable to the State is valid, and is taken always to have been valid.

The remaining provisions of this part, other than division 4, apply—

to a past act attributable to the State that is validated by section 8; and

to an intermediate period act attributable to the State that is validated by section 8A.

This section applies if the past act is a category A past act, but is not a category A past act to which section 229(4) (which deals with public works) of the Commonwealth Native Title Act applies.

Editor’s note—

Category A past act is defined in the Commonwealth Native Title Act, section 229. This category covers freehold grants, some leasehold grants (commercial, agricultural, pastoral and residential leases) and public works. Lease and the various types of leases are defined in the Commonwealth Native Title Act, sections 242 to 249B. Public work is defined in the Commonwealth Native Title Act, section 253.

The past act extinguishes native title.

This section applies if the past act is a category A past act to which section 229(4) of the Commonwealth Native Title Act applies.

The past act extinguishes native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated.

If section 229(4)(a) (which deals with public works completed after 1 January 1994) of the Commonwealth Native Title Act applies to the past act, the extinguishment is taken to have happened on 1 January 1994.