Interpretation of Acts and statutory instruments

In force

(1)

In this Act and in every other Act or statutory instrument, unless the contrary intention appears—

Aboriginal group—an

Aboriginal group consists of all the persons who hold, or claim to hold, according to a particular body of traditional laws and customs, native title in a particular area of land and, if there is only one such person, that person constitutes the group;

Aboriginal peoples means peoples of the Aboriginal race of Australia;

affect—an act or activity affects native title if it extinguishes native title or it is wholly or partly inconsistent with the continued existence, enjoyment or exercise of rights deriving from native title¹;

claimant application means an application for a native title declaration that native title exists in land made on behalf of an Aboriginal group claiming to hold native title in the land;

native title—see section 4;

native title declaration means a declaration under this Act or a determination under the

Native

Title Act 1993

(Cwth) that land is subject to, or not subject to, native title;

native title holder (or any other expression referring to a person or persons who hold native title in land) means—

(a)

if a body corporate is registered on a native title register as holding the native title on trust—the Aboriginal group for whom the native title is held on trust;

(b)

in any other case—the Aboriginal group recognised at common law as holding the native title;

native title land means land in respect of which native title exists or might exist but does not include—

(a)

land found or declared by the Supreme Court or the Environment, Resources and Development Court not to be subject to native title; or

(b)

land found or declared by a competent authority under a law of the

Commonwealth not to be subject to native title;

native title party in relation to land means—

(a)

Aboriginal group registered under this Act or the Native

Title Act 1993

(Cwth) as the holder of native title in the land; or

(b)

Aboriginal group registered under this Act or the Native

Title Act 1993

(Cwth) as a claimant to native title in the land;

native title question means a question about—

(a)

the existence of native title in land; or

(b)

the nature of the rights conferred by native title in a particular instance; or

(c)

compensation payable for an act extinguishing or otherwise affecting native title; or

(d)

acquisition of native title in land, or entry to and occupation, use or exploitation of, native title land under powers conferred by an Act of the Parliament; or

(e)

any other matter related to native title, (but does not include a question arising in criminal proceedings);

native title register means the State

Native Title Register kept under this Act or the National

Native Title Register or the Register of Native Title Claims kept under the Native

Title Act 1993 (Cwth);

non-claimant application means an application for a native title declaration that is not a claimant application;

registered—an

Aboriginal group is taken to be registered as holders of, or claimants to, native title in land if identified or described in a native title register as holders of, or claimants to, native title in the land (as the case requires);

registered native title rights of a native title party means the party's native title rights and interests (held or claimed to be held by the party) as described in the relevant entry in a native title register;

registered representative of native title holders means—

(a)

the body corporate that is the registered native title body corporate in relation to the native title under the law of the Commonwealth; or

(b)

the body corporate registered in the register of native title kept under the law of the State as the registered representative of the native title holders;²

registered representative of claimants to native title means—

(a)

the person registered under the Native

Title Act 1993

(Cwth) in the Register of Native Title Claims as the registered native title claimant; or

(b)

the person registered in the State

Native Title Register as the registered representative of the claimants;

representative

Aboriginal body means—

(a)

a body determined under section 202(1) of the Native

Title Act 1993

(Cwth) to be a representative body for the relevant area; or

(b)

a body recognised under section 203AD of the Native

Title Act 1993

(Cwth) as the representative body for the relevant area.

(2)

In this Act and in every other Act or statutory instrument—

(a)

a reference to native title extends (unless the context otherwise indicates or requires) to rights and interests comprised in, deriving from, or conferred by native title;

(b)

a reference to rights or interests (or rights and interests) deriving from or conferred by native title is a reference to rights or interests (or rights and interests) comprised in, deriving from or conferred by native title.

(3)

In this Act—

Commonwealth

Act means the Native

Title Act 1993 (Cwth);

Commonwealth

Registrar means the Native Title Registrar appointed under Part 5 of the

Native

Title Act 1993 (Cwth);

Commonwealth

Minister means the Minister of State for the Commonwealth designated by regulation as the Commonwealth Minister for the purposes of this

Act;

Court means the Supreme Court or the ERD Court;

ERD

Court means the Environment, Resources and Development Court;

mining tenement means a licence, lease or other authority under a relevant Act authorising exploration for, or recovery or exploitation of, minerals, petroleum or other underground resources;

proceedings does not include criminal proceedings;

Registrar means the Registrar of the ERD Court;

relevant

Act means—

(a)

the

Mining

Act 1971;

(b)

the

Opal

Mining Act 1995;

(c)

the

Petroleum

Act 1940;

right to exclusive possession of land means a right to possession, occupation, use and enjoyment of land to the exclusion of all others;

State

Minister means the Minister designated by regulation as the State Minister for the purposes of this Act.

(4)

An explanatory note to a provision of this Act forms part of the provision to which it relates.

Editorial

Notes—

1 Cf section 227 of the Commonwealth Act.

2 See

Part 4.

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3 Interpretation of Acts and statutory instruments