{"id":"a-1994-71","name":"Native Title Act 1994","slug":"native-title-act-1994","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"71 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24004,"registerId":"act-a-1994-71-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Title Act 1994","content":"Australian Capital Territory\nNative Title Act 1994 No 71\nRepublication No 1\nRepublication date: 13 June 2002\nLast amendment made by Act 2001 No 44\nAmendments incorporated to 12 September 2001\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Native Title Act 1994 as in force on 13 June 2002. It includes\nany amendment, repeal or expiry affecting the republished law to 12 September 2001 and\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).\nThe legislation history and amendment history of the republished law are set out in\nendnotes 3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see\nthe ACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115\nand s 117). The changes are made if the Parliamentary Counsel considers they are\ndesirable to bring the law into line, or more closely into line, with current legislative\ndrafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an\nuncommenced amendment, the symbol U appears immediately before the provision\nheading. The text of the uncommenced provision or amendment appears only in the last\nendnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision\nappears in the endnotes. For the legal status of modifications, see Legislation Act 2001,\nsection 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments incorporated to\n12 September 2001\nAustralian Capital Territory\nNative Title Act 1994\nContents\nPage\nPreamble 2\nPart 1 Preliminary\n1 Name of Act 1\n3 Objects 1\n4 Meaning of Commonwealth Native Title Act 1\n5 Interpretation—Commonwealth Native Title Act definitions 1\nPart 2 Past acts attributable to the Territory\n6 Relationship to Commonwealth Native Title Act 2\n7 Validation 2\n8 Extinguishment of native title 2\n9 Preservation of beneficial reservations and conditions 3\n\nContents\nPage\ncontents 2 Native Title Act 1994 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Confirmation of rights and access\n10 Relationship to Commonwealth Native Title Act 4\n11 Confirmation of rights 4\n12 Confirmation of access to waterways and public places 4\n13 Effect of confirmation on native title 4\nEndnotes\n1 About the endnotes 5\n2 Abbreviation key 5\n3 Legislation history 6\n4 Amendment history 6\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments incorporated to\n12 September 2001\nAustralian Capital Territory\nNative Title Act 1994\nAn Act relating to native title\n\nPreamble\npage 2 Native Title Act 1994 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPreamble\n1 Before European settlement, land in Australia had been\noccupied, used and enjoyed since time immemorial by\nAboriginal peoples and Torres Strait Islanders in accordance\nwith their traditions.\n2 Land is of spiritual, social, historical, cultural and economic\nimportance to Aboriginal peoples and Torres Strait Islanders. In\nthe Australian Capital Territory, there are sites that provide\nevidence of their use by various groups of Aboriginal peoples at\ndifferent times for a variety of purposes.\n3 Since European settlement, many Aboriginal peoples and Torres\nStrait Islanders have been dispossessed and dispersed.\n4 However, some Aboriginal peoples and Torres Strait Islanders\nhave maintained their ancestors’ traditional, customary or\nhistorical affiliation with particular areas.\n5 In the Native Title Decision ((1992) 175 C.L.R. 1), the High\nCourt—\n(a) rejected the doctrine that Australia was terra nullius (land\nbelonging to no-one) at the time of European settlement;\nand\n(b) held that the common law of Australia recognises a form\nof native title that reflects the entitlement of the indigenous\ninhabitants of Australia, in accordance with their laws and\ncustoms, to their traditional lands; and\n(c) held that native title rights may be extinguished by valid\ngovernment acts that are inconsistent with the continued\nexistence of those rights, such as the grant of freehold or\nleasehold estates.\n6 The Native Title Act 1993 (Cwlth) provides a national scheme\nwith the following objects:\n(a) to provide for the recognition and protection of native title;\n\nPreamble\nR1 Native Title Act 1994 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) to establish ways in which future dealings affecting native\ntitle may proceed, and to set standards for those dealings;\n(c) to establish a mechanism for determining claims to native\ntitle;\n(d) to provide for, or permit, the validation of past acts\ninvalidated because of the existence of native title.\n7 The Legislative Assembly intends the Australian Capital\nTerritory to participate in the national scheme enacted by the\nCommonwealth Parliament.\n8 The Legislative Assembly for the Australian Capital Territory\ntherefore enacts as follows:\n\n\n\nPreliminary Part 1\nSection 1\nR1 Native Title Act 1994 page 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Native Title Act 1994.\n3 Objects\nThe main objects of this Act are, in accordance with the\nCommonwealth Native Title Act:\n(a) to validate past acts invalidated because of the existence of\nnative title;\n(b) to confirm existing rights to natural resources and access to\nwaterways and public places.\n4 Meaning of Commonwealth Native Title Act\nIn this Act:\nNote A definition applies except so far as the contrary intention appears\n(see Legislation Act 2001, s 155).\nCommonwealth Native Title Act means the Native Title Act\n1993 (Cwlth).\n5 Interpretation—Commonwealth Native Title Act\ndefinitions\nWords and expressions used in this Act have the same meanings\nas they have in the Commonwealth Native Title Act.\n\nPart 2 Past acts attributable to the Territory\nSection 6\npage 2 Native Title Act 1994 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Past acts attributable to the\nTerritory\n6 Relationship to Commonwealth Native Title Act\nThis part is enacted in accordance with the Commonwealth\nNative Title Act, section 19.\n7 Validation\nA past act attributable to the Territory is valid, and is to be taken\nalways to have been valid.\n8 Extinguishment of native title\n(1) A category A past act attributable to the Territory, other than an\nact to which the Commonwealth Native Title Act, section 229\n(4) applies, extinguishes the native title concerned.\n(2) A category A past act attributable to the Territory to which the\nCommonwealth Native Title Act, section 229 (4) applies—\n(a) in any case—extinguishes the native title in relation to the\nland or waters on which the public work concerned (on\ncompletion of its construction or establishment) was or is\nsituated; and\n(b) if that Act, section 229 (4) (a) applies—is to be taken to\nhave extinguished that native title on 1 January 1994.\n(3) A category B past act attributable to the Territory that is wholly\nor partly inconsistent with the continued existence, enjoyment\nor exercise of the native title rights and interests concerned\nextinguishes the native title to the extent of the inconsistency.\n(4) The non-extinguishment principle applies to a category C past\nact, or a category D past act, that is attributable to the Territory.\n\nPast acts attributable to the Territory Part 2\nSection 9\nR1 Native Title Act 1994 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The extinguishment effected by this section does not by itself\ngive any right to eject or remove any Aboriginal persons who\nreside on or who exercise access over land or waters covered by\na pastoral lease the grant, regrant or extension of which is\nvalidated by section 7.\n9 Preservation of beneficial reservations and conditions\n(1) If an act attributable to the Territory contains a reservation or\ncondition for the benefit of Aboriginal peoples or Torres Strait\nIslanders, nothing in section 8 affects that reservation or\ncondition.\n(2) If the doing of an act attributable to the Territory would affect\nnon-native title rights and interests of Aboriginal people or\nTorres Strait Islanders, nothing in section 8 affects those rights\nand interests.\n(3) In this section:\nnon-native title rights and interests means rights or interests,\nother than native title rights and interests, arising under\nlegislation, at common law or in equity and whether or not\nrights of usage.\n\nPart 3 Confirmation of rights and access\nSection 10\npage 4 Native Title Act 1994 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Confirmation of rights and\naccess\n10 Relationship to Commonwealth Native Title Act\nThis part is enacted in accordance with the Commonwealth\nNative Title Act, section 212.\n11 Confirmation of rights\n(1) The existing ownership by the Crown in right of the Territory of\nany natural resources is confirmed.\n(2) Any existing right of the Crown in right of the Territory to use,\ncontrol and regulate the flow of water is confirmed.\n(3) Any existing fishing access rights are confirmed to prevail over\nany other public or private fishing rights.\n12 Confirmation of access to waterways and public\nplaces\nExisting public access to and enjoyment of the following places\nis confirmed:\n(a) waterways;\n(b) beds and banks or foreshores of waterways;\n(c) areas that were public places at the end of 31 December\n1993.\n13 Effect of confirmation on native title\nAs provided by the Commonwealth Native Title Act,\nsection 212 (3), a confirmation under this part does not—\n(a) extinguish or impair any native title rights and interests; or\n(b) affect a conferral of land or waters, or an interest in land or\nwaters, under a law that confers benefits only on\nAboriginal people or Torres Strait Islanders.\n\nEndnotes\nAbout the endnotes 1\nR1 Native Title Act 1994 page 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nrepublished law but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation\nhistory and the amendment history. These details are underlined.\nUncommenced provisions and amendments are not included in the\nrepublished law but are set out in the last endnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nIA = Interpretation Act 1967 reloc = relocated\nins = inserted/added R[X] = Republication No\nLA = Legislation Act 2001 s = section/subsection\nLR = legislation register sch = schedule\nLRA = Legislation (Republication) Act 1996 sdiv = subdivision\nmod = modified / modification sub = substituted\nNo = number SL = Subordinate Law\nnum = numbered underlining = whole or part not commenced\no = order or to be expired\nom = omitted/repealed\n\nEndnotes\n3 Legislation history\npage 6 Native Title Act 1994 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nNative Title Act 1994 A1994-71\nnotified 1 November 1994 (Gaz 1994 No S229)\ncommenced 1 November 1994 (s 2)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt\n257\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 257 commenced 12 September 2001 (s 2 and Gaz 2001 No\nS65)\n4 Amendment history\nCommencement\ns 2 om A2001-44 amdt 1.2909\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at\nwww.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of validating past acts and confirming resource rights in accordance with the Commonwealth scheme. No significant scope creep is evident."},"complexity_factors":["Short statute (only 13 sections across 3 Parts)","Heavy reliance on external definitions - imports all definitions from the Commonwealth Native Title Act rather than defining terms locally","Minimal conditional logic - primarily straightforward validation and confirmation provisions","No nested exceptions or complex procedural requirements","Simple structure: preliminary provisions, past acts validation, and rights confirmation","Cross-references limited to specific sections of the Commonwealth Native Title Act (sections 19, 212, 229)"],"plain_english_summary":"The Act is the ACT’s version of the Commonwealth Native Title Act. It validates pre-1994 land dealings that might have ignored native title, confirms the Territory’s control over resources and public access, and clarifies when native title is extinguished or coexists with other land uses. It affects Aboriginal and Torres Strait Islander people with native title claims, prior landholders, and the ACT Government.\n\nIt matters because it implements Mabo’s principles locally, balancing legal certainty for past grants with recognition of Indigenous rights."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act gives the Territory instrument to participate in the Commonwealth native title scheme and its core scope—validation of past acts, confirmation of Crown resource and access rights, and preservation of certain reservations—remains aligned with the Commonwealth Native Title Act (see Preamble, ss 3, 4–6, 7, 11–12). Amendments recorded to 2001 do not alter these central objects as expressed in the republished text."},"complexity_factors":["Heavy cross-reference to the Commonwealth Native Title Act for definitions, categories and operative rules (ss 4–6, 6, 10).","Different legal consequences depending on past-act categories (extinguishment, non-extinguishment) requiring external classification (s8 and Commonwealth s229(4)).","Retroactive validation of past Territory acts with real property and rights consequences (s7) — legal effect reaches back in time.","Confirmations of Crown ownership, water control and fishing priority that interact with private and indigenous rights (s11).","Preservation of reservations and other non-native-title rights creates layered rights mapping and potential coordination issues (s9).","Short statutory text but high reliance on external material and judicial interpretation to resolve practical effects and boundary questions."],"plain_english_summary":"This Act validates past Territory acts affecting native title (s7–8), confirms Crown ownership of natural resources and water control and gives priority to existing fishing rights (s11), and confirms public access to waterways and places public at 31 Dec 1993 (s12). It adopts the Commonwealth Native Title Act’s definitions and machinery (s4–6).  It affects Aboriginal and Torres Strait Islander native title holders, the Territory Crown and land users; validation can extinguish native title where inconsistent (s8), limiting claims and requiring reference to the Commonwealth Act to determine legal effects."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-act-1994","history":"/api/acts/native-title-act-1994/history","analysis":"/api/acts/native-title-act-1994/analysis","conflicts":"/api/acts/native-title-act-1994/conflicts","importantCases":"/api/acts/native-title-act-1994/important-cases","documents":"/api/acts/native-title-act-1994/documents"}}