Lands Acquisition Act 1978

Acquisition and conversion into compensation claim: An “acquired land” interest taken under the Act vests in the Territory on publication of a notice of acquisition (s 46(1)), which divests or modifies prior interests to the extent necessary (s 46(1)(b)). The owner’s interest is converted at the date of acquisition into a claim for compensation against the Territory (s 59(1)).

Acquisition by agreement versus compulsory acquisition: The Minister may acquire by agreement , for native title via an indigenous land use agreement (ILUA) (s 31A(a); s 43(1)(aa)), for other interests by agreement with the owner (s 31A(b); s 43(1)(a)) , or compulsorily if pre-acquisition procedures have been complied with (s 43(1)(b)). The Act expressly allows parties to opt out in whole or in part by agreement (s 89A).

Pre-acquisition procedures, notices and timelines: There are distinct procedures depending on the land’s location relative to the mean highwater mark and whether native title is implicated (Part IV and Part IVA; s 31B; s 42). Minimum notice elements are prescribed (ss 32, 33, 42A, 42B). Time windows for objections and comments range from 10 days after publication of a notice of proposed acquisition to months for lodging objections (e.g. s 33(1)(d); s 34(1); s 42B(3); s 42C). Consultation periods are defined by area size (3 months if <5 hectares; 4 months if ≥5 hectares) starting from the end of the objection period (s 37(3)).

Native title interaction: The Act cross-references the Native Title Act definitions and procedures (s 4). Where native title rights and interests may be affected, additional notice, lodgement and referral obligations attach (ss 32(1)(b)-(f); 32(1)(da); 42A(1)(c),(d)). A compulsory acquisition affecting native title is valid only if the Part IV procedures are complied with (s 31C), except where the Native Title Act Subdivision P procedures apply (s 40). The Tribunal must take into account specified matters when native title is affected (s 38AA(2)), and acquisitions may be subject to conditions enforceable as contract terms (s 45AA).

Decision and review architecture: The Minister has primary decision-making powers: whether to proceed, to make offers, to refer compensation matters to the Tribunal, to certify urgency (ss 35; 50; 51; 44(3A)). Where objections are referred, the Tribunal hears and makes recommendations (ss 38; 45; Part VIII). The Act provides for judicial review of the Minister’s acquisition decision by the Supreme Court, limited to legality rather than merits (s 45A(1)-(2A)).

Compensation framework and assessment rules: Compensation is payable on just terms (s 5) and subject to rules in Schedule 2 (s 66), which set out market value, special value, severance, disturbance, relocation costs and other heads. Where native title is involved, compensation may not be determinable until an approved determination of native title is made (ss 50(1D); 52(2)(b); 59(2); 61(2)). The Act provides for prepayments (90% on an offer under s 50(1) unless amount paid into Tribunal) (s 62), interest (s 64) and recovery/enforcement of compensation as a debt (s 67).

Trust and post-acquisition handling: For certain native title acquisitions that include a condition requiring payment into trust, the Act requires establishment and use of the Lands Trust Fund (ss 83A-83C) and prescribes outcomes for trust amounts depending on subsequent determinations, agreement with registered native title bodies corporate, or Tribunal determinations (s 83C).

Entry, access and protection: The Minister can authorise entry for surveys and investigations under ss 29-30. Persons authorised must minimise impact, remove goods brought on completion and restore condition (s 30(2)). Obstruction or wilful interference with authorised entry carries a penalty (s 31). Possession is generally deferred three months from acquisition unless urgency, agreement or unoccupied status applies (s 54).

Service and substitution: Service may be personal, post, or via the Solicitor for the Northern Territory when serving the Minister (s 90). Where whereabouts are unknown or identity cannot be ascertained, substitutional service by publication, by affixing notice on the land, or by leaving at the representative body’s address (for native title matters) is authorised (s 90(3)).

Regulation, delegation and procedural support: The Administrator may make regulations to implement matters (s 95), the Minister may delegate functions (s 94A), and the Registrar-General has duties to record notices on land registers (s 91).

Owners and persons with interests in land: The Act applies to the owner of an estate or interest, defined broadly to include legal and equitable estates, easements, rights, powers, privileges and native title rights and interests (s 4, definition of “interest”; s 4 “owner”). Persons whose claimed interests cannot be identified on the Registrar-General’s register are excluded from the definition of owner (s 4). Where an interest is acquired, the owner’s interest is converted into a claim for compensation against the Territory (s 59(1)).

Registered native title claimants and registered native title bodies corporate: The Act repeatedly identifies registered native title claimants and registered native title bodies corporate as parties with specific entitlements to notice, rights to lodge objections, and to be consulted (ss 32(1)(b)(i)-(ii); 32(1)(c); 34(1A); 34(2)). For native title acquisitions, compensation and damages are subject to delay in determination until an approved determination of native title is made (ss 50(1D); 52(2)(b); 59(2); 61(2)).

Representative Aboriginal/Torres Strait Islander bodies: Where native title rights and interests may be affected, notices must be served on the representative body or bodies and copies lodged with the Native Title Registrar (ss 32(1)(c); 32(1)(da); 42A(1)(c); 42A(1)(d)). Representative bodies may lodge comments in certain situations and may receive substitute service under s 90(3)(e) when there is no registered claimant or body.

Former owners, mortgagees and other interested persons: The Act provides that compensation and offers extend to mortgagees and others whose interests exist at acquisition (ss 50; Schedule 2, rule 10). The Minister must search the Registrar-General’s register and the Native Title registers to ascertain persons to be served (ss 32(1)(a); 42A(1)(a); 49(1)(a)) and must serve notices on those the Minister believes had an interest (s 49(1A)(a)).

The Minister and executive agencies: The Minister has central roles , initiating proposals, serving notices, offering compensation, certifying urgency, paying into the Tribunal, and determining to compulsorily acquire (ss 32; 35; 44; 50; 51; 43). The Minister’s actions directly determine whether pre-acquisition processes are triggered or bypassed (ss 44(1)-(3); s 45A). Delegation to officials is permitted (s 94A), which decentralises operational decisions.

The Tribunal and courts: The Tribunal receives referrals of objections (s 38), makes recommendations and determinations, assesses compensation (Part VIII; s 81), and issues instruments of determination (s 82). The Supreme Court provides judicial review limited to legality of the Minister’s acquisition decision (s 45A). Federal Court determinations of native title are consequential because compensation for native title-related acquisitions cannot be determined until there is an approved determination (ss 50(1D); 52(2)(b); 59(2)).

Community living areas associations and the Community Living Areas Tribunal: Prescribed land held by certain incorporated associations as community living areas is protected from compulsory acquisition except in specified circumstances (s 28A). Disputes under s 28A are referred to the Community Living Areas Tribunal under the Pastoral Land Act procedures (s 28A(3)).

Other third parties who receive rights: The regulations may enable payment and recovery of compensation from persons other than the Territory where the acquisition is to confer a right on someone else (s 95(2)(c)). This affects developers or entities for whom the Territory acquires land to confer rights or interests.

General public and local communities: The Act requires publication of notices in local newspapers (ss 32(1)(e); 42A(1)(e); 49(1)(c)(ii)), and the Tribunal must consider public interest and regional economic significance when making recommendations in native title-affected matters (s 38AA(2)(c)-(d)). Entry for surveys may affect occupiers during investigations (ss 29-30).

Legal representatives, surveyors, mediators, and potential purchasers: The Act anticipates negotiation and mediation (ss 35A-37), authorises appointment of mediators (s 37(5)), and contemplates offers of resettlement or transfer of substitute land (s 50(2)-(3)). Those advising affected persons will need to engage with statutory timelines and prescribed forms (ss 33; 42B; s 68).

Ministerial duties and discretions: The Minister must cause searches of land and native title registers before serving notices (ss 32(1)(a); 42A(1)(a)). The Minister must serve and lodge specified notices and statements (ss 32(1)(b)-(f); 42A(1)(b)-(f); 49(1)(c)). When objections are lodged, the Minister must invite consultation (s 36), consult for prescribed periods (s 37), and may agree to mediation (s 37(4)). After Tribunal recommendations, the Minister must take recommendations into account and, for native title objections recommending non-acquisition, comply unless conditions in s 45(2) are satisfied (ss 45(1)-(2)). The Minister must table reasons in the Legislative Assembly where urgency certificates permit bypassing pre-acquisition steps (s 44(5)). The Minister must establish and maintain the Lands Trust Fund (s 83A) and pay specified trust amounts into it (s 83B).

Notice, service and lodging obligations: The Minister must ensure notices of proposal are in the approved form and contain prescribed information (ss 33(1); 42B(1)). For compulsory acquisition, the Minister must publish notice of proposed acquisition in local circulation and serve notices on ascertained interest-holders and native title parties (ss 32(1)(e); 42A(1)(e); 49(1A)). The Minister must lodge notices with the Registrar-General and the Native Title Registrar as required (ss 32(1)(d),(da); 42A(1)(d); 49(1)(c)(iii)-(iv)).

Rights to object and to consultation: Persons served with a notice of proposal may lodge objections within prescribed windows (s 34(1) sets 4 months where registration pending per s 33(3)(d) and 2 months generally). Registered native title claimants may lodge objections only if they are registered in respect of the land (s 34(1A)). The Minister must invite objectors to consult and must consult for set periods (s 36; s 37(1)-(3)). Parties may agree to mediation (s 37(4)-(5)).

Tribunal engagement and criteria: Either the Minister or an objector may apply to the Tribunal to have an objection heard after consultation or mediation periods (s 38(1)). The Tribunal must not hear the matter unless sections 36-38 are complied with (s 38(2)), though non-participation in consultation by the objecting party is not a ground to refuse (s 38(3)). When native title is affected, the Tribunal must consider a non-exhaustive list of matters including impact on enjoyment of rights, culture, access, and ways of minimising impact (s 38AA(2)(a)-(b)), as well as the economic significance and public interest (s 38AA(2)(c)-(d)). The Tribunal issues written reasons and instruments of determination (ss 82; 83).

Acquisition effect and vesting: Publication of a notice of acquisition in the Gazette vests the land in the Territory freed from prior interests to the extent necessary and divests or modifies existing interests (s 46(1)). The Minister must serve copies of the notice on persons the Minister considers had an interest (s 49(1A)); the Registrar-General treats the notice as a transfer instrument for registration purposes (s 49(2)).

Compensation offers and referral rights: The Minister must serve offers where the Minister considers compensation reasonably capable of assessment (s 50(1)); where not reasonably capable of assessment, the Minister must serve a notice of proposed reference to the Tribunal (s 50(1AA)). Registered native title claimants have special timelines and rights to lodge claims within three years after acquisition, or longer if Tribunal allows (s 50(1A); s 52(1)-(1A)). Claimants must serve acceptance or notice of dispute within 60 days of an offer (s 68(1)). The Minister may pay amounts into the Tribunal and refer matters to be dealt with under Part VIII (s 51).

Compensation assessment rules and outcomes: Compensation must be on just terms (s 5), the Tribunal must have regard to Schedule 2 rules when assessing compensation (s 66), and for native title claims compensation may be indeterminate until an approved determination of native title is made (ss 50(1D); 52(2)(b); 59(2)). Prepayments of 90% are payable where offers are served unless payment into the Tribunal has occurred (s 62(1)). Compensation is a debt due from the Territory and enforceable (s 67).

Entry authorisations and protections: The Minister may authorise persons to enter and perform surveys (s 29). Authorised entrants must limit impact and leave land as near as possible to its prior condition and remove anything the entrant brought unless otherwise agreed (s 30(2)). Obstruction or wilful interference with such authorised persons is an offence with maximum penalty (s 31).

Service methods and substitution: Service may be personal, by post, or via the Solicitor for the Northern Territory; alternative methods (publication, affixing on land, leaving with representative bodies) apply where identity or whereabouts are unknown (s 90).

Warrants and possession: Possession is delayed three months from acquisition unless the Minister certifies urgency or other exceptions apply (s 54). Where required, a Local Court Judge may issue a warrant to a police member to enter, deliver possession and use reasonable force (s 55), and the executing officer is protected from civil liability when acting reasonably without knowledge of defect (s 56).

Criminal penalties for interference and obstruction: The Act creates offences relating to interference with authorised investigators and obstruction of persons acting under authorisations. Section 31 criminalises wilful and unauthorised interference with anything established or placed on land for survey or investigation, and wilful obstruction of a person acting under an authorisation granted by the Minister. The maximum penalty for these offences is 20 penalty units or imprisonment for 6 months.

Enforcement of ministerial requirements for documents: Under s 53, the Minister may require delivery of instruments or other things evidencing an interest in acquired land. Failure, without reasonable excuse, to comply with such a requirement is an offence carrying a maximum penalty of 8 penalty units.

Warrants, force and civil protection: To give effect to entry into possession where necessary, the Local Court Judge may issue a warrant to a member of the Police Force authorising entry, delivery of possession to the Territory and use of reasonable force (s 55). Section 56 shields the executing person from civil liability provided they acted reasonably and without actual knowledge of defects in the warrant or lack of jurisdiction in the issuer. That gives lawful protection to officers while exposing the Territory to legal challenges for unauthorised warrants.

Recovery and enforcement of compensation: Compensation or damages determined to be payable by the Territory is a debt due and enforceable by the claimant (s 67). Section 62(2) provides that if a prepayment exceeds the finally determined compensation, the recipient must repay the excess as a debt to the Territory. Conversely, where trust amounts are less than Tribunal-determined compensation, the Territory must pay any shortfall (s 83C(4)(b)). These provisions create reciprocal enforcement obligations: claimants may enforce the Territory’s debt; the Territory can recover overpayments.

Tribunal’s enforcement powers and process: The Tribunal may direct payments of amounts paid into it (s 80(2)), issue determinations on entitlement and amounts (s 81) and provide written reasons (s 82(3)). The Tribunal can also recommend loans under Schedule 2 rule 11 (s 81). The mechanisms to pay compensation into the Tribunal (s 51) and for orders to be executed by the Tribunal provide an administrative enforcement pathway distinct from civil suits.

Judicial review: Section 45A allows the Supreme Court to review Ministerial acquisition decisions on judicial review grounds. The review does not extend to merits (s 45A(2A)). The Act preserves reviewability of legality, and provides that Tribunal recommendations and Ministerial reasons are part of the record to be considered on review where relevant (s 45A(2B)-(2C)).

Ministerial disclosure obligations where departing from Tribunal recommendations: If the Minister departs from Tribunal recommendations regarding native title acquisitions, certain registered native title parties may request reasons within 28 days (s 45(2B)). The Minister must provide written reasons within 28 days of receiving a request (s 45(2C)). This creates an administrative accountability mechanism and a contemporaneous record for possible review or challenge.

Trust fund enforcement and conditions: The Lands Trust Fund is established and governed by ss 83A-83C. The trustee’s duties include repaying the trust amount to the Territory where native title is later determined not to exist (s 83C(2)), paying to a registered native title body corporate where agreed (s 83C(3)), or distributing trust moneys in accordance with Tribunal determinations or court directions (s 83C(4)-(7)). The Act requires the trustee to act consistent with those statutory triggers, enabling enforced outcomes by way of court direction where transfers of property or provision of goods or services form part of compensation (s 83C(5)).

Regulatory enforcement powers: Section 95 authorises regulations, including for payment of compensation by persons other than the Territory and recovery from those persons of costs reasonably incurred by the Territory (s 95(2)(c)). That produces potential enforcement avenues where acquisition confers rights on a third party.

Integration with the Native Title Act 1993 (Cth): The Lands Acquisition Act explicitly incorporates definitions from and procedural interactions with the Commonwealth Native Title Act. The Act uses the Native Title Act’s terms (s 4: “native title”, “native title holder”, “registered native title claimant”, “representative Aboriginal/Torres Strait Islander body” and other defined terms refer to s 253 of the Native Title Act). Section 5A provides that the Lands Acquisition Act applies to native title acquisitions that are future acts or which would otherwise have been subject to Subdivision P of Division 3 of Part 2 of the Native Title Act, and the Act conditions the validity of compulsory acquisitions affecting native title on compliance with Part IV procedures (s 31C) or, where Subdivision P applies, compliance with those Commonwealth procedures (s 40(3)). Section 31B distinguishes acquisitions by reference to the mean highwater mark and to which instrument (this Act or the Native Title Act) governs the process.

Dependence on approved determinations of native title for compensation: Multiple provisions make compensation payable for effects on native title contingent on an approved determination of native title being in force before the Tribunal can determine compensation (ss 50(1D); 52(2)(b); 59(2); 61(2)). This ties compensation timing and determinability directly to outcomes of litigation or Federal Court processes under the Native Title Act.

Land Title Act 2000 and Registrar-General functions: The Minister’s search and lodging obligations explicitly require searches of the Land Title register and lodgement of notices with the Registrar-General (ss 32(1)(a)(i); 42A(1)(a)(i); 49(1)(c)(iii); s 91). A notice of acquisition lodged with the Registrar-General is to be dealt with as though it were an instrument of transfer (s 49(2)), linking acquisitions to the Land Title Act registration system.

Pastoral Land Act 1992 interactions for community living areas: Section 28A protects prescribed community living area land from compulsory acquisition except for essential service purposes or where held subject to reservation allowing acquisition. Disputes under s 28A are referred to the Community Living Areas Tribunal continued by the Pastoral Land Act (s 28A(3)); the Act thus imports processes from the Pastoral Land Act for resolving certain disputes.

Financial Management Act 1995: The Lands Trust Fund must be an Accountable Officer’s Trust Account established under s 7 of the Financial Management Act 1995 (s 83A(2)). This ties the administration of trust amounts to the Territory’s financial management framework and its oversight, including accounting and audit standards under that Act.

Regulations and cost recovery: Section 95 empowers regulations to provide for payment of compensation by persons other than the Territory and for recovery of costs and expenses from persons who receive rights through an acquisition (s 95(2)(c)). This interacts with contractual arrangements and possibly procurement or grant frameworks, creating an administrative interface where acquisition facilitates third-party rights.

Tribunal and court jurisdictional interface: The Act confers jurisdiction on the Civil and Administrative Tribunal to hear objections and determine compensation (s 38; Part VIII). Section 45A confers a right of judicial review to the Supreme Court limited to legality. Where native title matters are litigated under the Native Title Act, approved determinations from the Federal Court have consequences for compensation entitlement and timing under this Act (ss 50(1D); 52(2)(b); 59(2); 61(2)). The Act also preserves transitional arrangements for applications before former Tribunals (s 96).

Other Territory Acts cross-referenced or consequential: The Act’s endnotes and amendments show consequential linkages to the Pastoral Land Act 1992, Land Title Act 2000, Native Title Act via defined terms, and the Financial Management Act 1995 for trust administration (ss 28A(3); 49(2); 83A(2) respectively). The Act’s rules disallow taking into account increases in value where land was developed contrary to law (Schedule 2 rule 8(b)), which interacts with development control regimes.

The reprint includes an extensive amendment history contained in the Endnotes and List of Amendments. The Act has been amended many times since assent in 1979. Notable structural and substantive changes recorded in the supplied text include:

• Incorporation of native title-related provisions in the late 1990s: Amendments in 1998 and 1999 (including Lands Acquisition Amendment Act 1998, SL No. 42, 1998, and subsequent regulations) introduced Part IV, Part IVA, s 5A, and other provisions aligning the Act with the Native Title Act and creating specific pre-acquisition procedures for land above and below the mean highwater mark (see s 31B inserted SL No. 42, 1998; s 5A inserted No. 31, 1998). Schedule 2 and other rules were modified to extend to native title rights where possible (Schedule 2, rule 1A).

• Creation of Part IIIA and procedural enhancements: SL No. 42, 1998 (and subsequent 1999 rules) introduced acquisition by agreement and the framework for consultation, mediation, Tribunal hearings and criteria (ss 31A; 35A; 36-38; 38AA). The Tribunal’s role and the mechanisms for considering native title objections receive significant textual emphasis in the 1998-1999 amendments.

• Lands Trust Fund and native title trust arrangements: The 1999 amendments (No. 26, 1999) inserted Part VIIIA, including ss 83A-83C, establishing the Lands Trust Fund and detailing how trust amounts are to be handled where native title may be affected.

• Procedural modernisation and administrative changes: Subsequent amendments updated definitions, service methods, delegation powers and harmonised cross-references with newer Territory statutes such as the Land Title Act 2000 (endnotes record the Land Title (Consequential Amendments) Act 2000, and multiple later amendments aligning registers and the Registrar-General role under s 91).

• Tribunal conferral and transitional arrangements: The Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 conferred jurisdiction and included transitional provisions (s 96) for applications before the former Lands, Planning and Mining Tribunal.

• Recent reprints and statute law revisions: The Endnotes record series of statute law revision acts and amending legislation, including the Statute Law Revision and Repeals Act 2025 (Act No. 3, 2026) which commenced on 10 February 2026 for this reprint; various incremental amendments through to 2025 are listed providing the legislative chronology.

The Endnotes (sections 2 and 5) list the exact amending Acts, assent and commencement dates, and indicate which sections were inserted, substituted, repealed or amended. For example, s 5A was inserted by No. 31, 1998 (s 2); Part IV and Part IVA were substantially reworked by SL No. 42, 1998 and related amendments (see the table of amendments in the Endnotes). The 2014 Act reallocated jurisdiction to the NT Civil and Administrative Tribunal and instituted transitional rules (s 96).

Readers should treat the Endnotes as authoritative for amendment timing, and consult those entries (listed chronologically in the reprint) for precise amendment provenance for each section. The Act’s reprint date is 10 February 2026 and the Endnotes record amendments up to and including the Statute Law Revision and Repeals Act 2025.

The printed Act supplied does not record decisions or case law. It does, however, create conditions where litigation and judicial determinations are central to the statute’s operation:

• Judicial determinations under the Native Title Act determine the availability and quantify of compensation for native title acquisitions. The Act repeatedly makes compensation for native title contingent on an “approved determination of native title” under the Native Title Act before the Tribunal can assess compensation (ss 50(1D); 52(2)(b); 59(2); 61(2)). That places federal court litigation and approved determinations at the centre of many compensation disputes arising under this Act.

• The Tribunal is given primary adjudicative competence to determine compensation and hear objections (s 38; Part VIII). Tribunal determinations are required to be given in writing with reasons and are central to the administrative record; the Act contemplates reconsideration (s 81A) where a later revised native title determination affects previously decided compensation.

• Section 45A allows for judicial review in the Supreme Court of Ministerial acquisition decisions on grounds of legal error; the Act notes that merits review is not available under this provision (s 45A(2A)). Section 45A requires that Tribunal recommendations and Ministerial reasons form part of the record and may be considered during review (s 45A(2B)-(2C)).

• The Act authorises enforcement measures (s 67) and debt recovery procedures where compensation is determined and unpaid, which may give rise to civil proceedings to enforce judgments or debts.

• Although the Act prescribes the Tribunal’s procedures and the circumstances in which matters must be referred, it also provides the Minister tools to bypass certain steps on urgency (s 44) or in relation to Subdivision P native title procedures (s 40). Those statutory exercises of discretion , particularly urgency certificates and decisions to depart from Tribunal recommendations after consultation (s 45(2) and related subsections requiring consultation with the Minister responsible for indigenous affairs) , may generate judicial review litigation about legality, adequacy of consultation or procedural fairness, though no cases are named in the Act text.

Because the supplied text contains no case citations or litigation summaries, a practitioner seeking precedent must consult Tribunal and court databases for decisions interpreting the Act, the Tribunal’s consideration of Schedule 2 rules in compensation matters, and Federal Court native title determinations which affect compensation under this Act.

Timing traps and rigid windows: The Act prescribes multiple interlocking timeframes (e.g. notice of proposal commencement linked to publication of notice of proposed acquisition, objection windows from 2 months to 4 months in specific circumstances , ss 33(1)(d); 34(1); 42B(3); 42C(1)). Practitioners must track the relevant trigger dates precisely (publication date, service date, registrar decisions on registration pending claims) because late objections, late applications for a notice of proposal, or missed notice lodgements can change entitlement to object (s 34(1B)), the ability to have matters determined by the Tribunal (s 38), and time limits for compensation claims (s 52(1)).

Registration dependency for native title claimants: Registered native title claimants may lodge objections only if they are registered in respect of the land (s 34(1A)). Objections lodged while a registration decision is pending are treated as not lodged if the Native Title Registrar fails to accept the claim by the end of 4 months (s 34(1B)). That generates a dependency on the Registrar’s administrative timetable; practitioners must ensure registration status is secured or account for the registration-window risk.

Interplay between Part IV and Subdivision P (Native Title Act): Section 40 and 31C create complex interaction: some compulsory acquisitions fall under the Territory’s Part IV procedures, while others are controlled by Subdivision P of the Commonwealth Native Title Act. The Act subdivides by location relative to the mean highwater mark and by whether consequences of s 24MD(6B) (Native Title Act) apply (s 31B). This can require careful classification of the act: if misclassified, pre-acquisition procedures followed might not validate the acquisition (s 31C states a compulsory acquisition of native title under this Part is valid only if the procedures were complied with).

Urgency certificate bypass and political accountability: The Minister may certify urgency or exceptional circumstances to bypass consultation, objection and Tribunal processes (s 44(1)-(3A)). While this allows immediate action where deemed necessary, it triggers an obligation to table reasons within 3 sitting days (s 44(5)) and terminates Tribunal proceedings if a certificate is issued (s 44(4)). That creates a legal and political risk: decisions made under urgency are still subject to judicial review (s 45A) and to later scrutiny, and the Minister must justify the urgency in a timely legislative forum.

Native title compensation indeterminacy: For native title claims, compensation generally cannot be finally determined by the Tribunal until an approved determination of native title exists (ss 50(1D); 52(2)(b); 59(2); 61(2)). That can stall compensation, create uncertainty for claimants, and necessitate parallel native title litigation before compensation issues can be resolved.

Service and substitutional service pitfalls: Where interested parties cannot be ascertained or located, the Act permits service by publication or by affixing notice on the land (s 90(3)(c)-(d)), or leaving at a representative body’s address for native title-related matters (s 90(3)(e)). While lawful, these methods have practical limits and potential contestability as to whether a person is adequately informed, which can later be material in compensation disputes or judicial review.

Effect of notice of acquisition and scope of divestment: Publication of notice of acquisition vests land in the Territory and “frees and discharges” it from all interests to the extent necessary (s 46(1)). A mining interest is only acquired if the notice indicates such acquisition (s 46(2)). An acquisition may create interests that did not previously exist (s 47). Parties must scrutinise the notice wording to understand exactly what interests are taken and what reservations or conditions are preserved.

Compulsory acquisition of prescribed community living areas: Section 28A restricts compulsory acquisition of prescribed land held by incorporated associations as community living areas, except for essential services or where reservation permits acquisition. Disputes must be referred to the Community Living Areas Tribunal under the Pastoral Land Act processes (s 28A(3)). Entities unaware of these protections may find their proposals invalid or delayed.

Prepayments and potential clawbacks: Where an offer is served under s 50(1)(a), a prepayment of 90% of the offered amount is payable unless the Minister paid into the Tribunal (s 62(1)). If the final determination is less, the claimant must repay the excess as a debt (s 62(2)). This produces a cashflow risk for claimants accepting early payment or for the Territory where underpayments occur.

Trust amount complexities: Where a compulsory acquisition is subject to a condition requiring payment into trust (ss 83B-83C), the trustee’s obligations depend on multiple contingencies including subsequent native title determinations, agreement by registered native title bodies corporate, Tribunal determinations, or court orders (s 83C). That makes the ultimate distribution of trust amounts potentially complex and fact-sensitive.

Delegation and record integration: The Minister may delegate functions (s 94A). Delegation can expedite processes but raises record-keeping and accountability requirements, because delegated decisions are treated as Ministerial acts (s 94A(2)). Tribunal recommendations and Minister’s reasons are to be included in judicial review records (s 45A(2B)-(2C)), so administrative record quality matters.

Front-load register searches and documentation: Before serving notices the Minister must cause searches of the Land Title register and Native Title registers (ss 32(1)(a); 42A(1)(a)). Practitioners should ensure comprehensive searches and contemporaneous documentation of search results to establish to whom notices must be served and to identify registered native title claimants and bodies. Where land is registered under the Land Title Act 2000, a copy of the notice of proposal must be lodged with the Registrar-General (s 32(1)(d)); where native title may be affected, a copy must be lodged with the Native Title Registrar (s 32(1)(da); s 42A(1)(d)).

Use approved forms and include prescribed content: Notices of proposal and notices of proposed acquisition must be in the approved form and contain specific prescribed particulars (ss 33(1); 33(3); 42B(1); 42B(3)). Ensure forms include descriptions of the land, proposed dealing, invitation to negotiate, timeframes for objections or comments and statements about native title rights and registration-pending scenarios as required by ss 33 and 42B.

Observe and calculate statutory timelines precisely: Key timelines include the start of the objection period tied to publication dates (s 33(1)(d)), 2-month general objection period (s 34(1)(b)), 4-month registration-pending objection period (s 34(1)(a)), 14-day obligation to invite objectors to consult after the last day to lodge objections (s 36), and consultation periods of 3 or 4 months depending on area (s 37(3)). Record and compute these windows carefully; missed windows can result in lost objection rights or lost Tribunal jurisdiction.

Engage with registered native title parties and representative bodies: If native title may be affected, serve copies on representative Aboriginal/Torres Strait Islander bodies and registered native title claimants and bodies corporate (ss 32(1)(b)(i)-(ii); 32(1)(c); 42A(1)(b)-(c)). Where no registered native title claimants exist, representative bodies may lodge comments within prescribed periods (s 34(5); s 42B(1)(e); s 42C(2)). Treat representative bodies as formal consultees and document consultations as the Act requires Tribunal consideration of minimisation and access issues (s 37(2); s 38AA(2)(b)).

Facilitate negotiation and mediation: The Act anticipates agreement and strongly encourages negotiated resolution of objections and compensation (s 35A). The Minister must invite consultation (s 36) and consult for set periods (s 37). Parties may refer matters to mediation; agree on a mediator or allow the Tribunal to appoint one where provided (s 37(4)-(5)). Document attempts to mediate and consult; compliance with the consultation process is a jurisdictional prerequisite for Tribunal hearings (s 38(2)).

If acquisition is urgent, apply statutory criteria and prepare to justify: If urgency is claimed to bypass consultation and objection periods, the Minister must certify that it is not practicable to delay (s 44(3A)) and must table reasons in the Legislative Assembly within 3 sitting days after publication (s 44(5)). Ensure any urgency certificate is supported by contemporaneous evidence and statutory reasoning, and prepare legislative notification materials promptly.

Offer and refer compensation properly: Where an offer is appropriate, serve it under s 50(1)(a) or offer land transfer under s 50(1)(b). If compensation is not reasonably capable of being assessed, serve the s 50(1AA) notice and refer to the Tribunal at expiration of one month unless paid into the Tribunal (s 51). For registered native title claimants, serve the special notice under s 50(1A) informing them of the three-year claim window and the Tribunal’s ability to extend time under s 52(1A).

Handle prepayments and repayments carefully: If a s 50(1)(a) offer triggers the prepayment of 90% (s 62(1)), confirm whether payment into Tribunal occurred first. If prepayment is made, maintain records because if final compensation is lower the claimant must repay the difference (s 62(2)). Consider payment into the Tribunal under s 51(a) to avoid prepayment clawbacks.

Use the Lands Trust Fund where required: Where acquisitions include conditions requiring payment into trust for potential native title compensation, ensure payments are made to the Lands Trust Fund (s 83B), and the parties understand the statutory contingencies under which trust amounts are repaid or distributed (s 83C). The trust account must be an Accountable Officer’s Trust Account under the Financial Management Act 1995 (s 83A(2)).

Prepare for Tribunal procedures and evidence: If matters are likely to go to the Tribunal, compile and transmit the required documents: notice of acquisition, offers, and notices of dispute (s 72). For native title-related matters, prepare submissions on the specific matters the Tribunal must take into account (s 38AA(2)(a)-(d)), including evidence on impact minimisation and economic significance.

Maintain documentary proof of service and searches: The Act relies on proper service (s 90) and searches (ss 32(1)(a); 42A(1)(a)). Keep certified copies of searches, postal tracking and signed service proofs, or contemporaneous evidence of substituted service (s 90(3)). When serving the Minister, use the Solicitor for the Northern Territory as authorised (s 90(1)(c)-(2)).

Comply with entry conditions and environmental care during surveys: Authorised entrants must ensure minimal impact and restore the land (s 30(2)). Ensure any authorisation is in writing (s 29(2)) and that field teams understand removal and restoration obligations to avoid interference offences (s 31).

Be aware of registration contingencies for unregistered interests: For interests not on the Land Title register, compensation is not determinable by the Tribunal until the claimed interest is established in a court of competent jurisdiction (s 50(1C)). Where dealing with unregistered interests, consider early steps to establish the interest in the appropriate forum, or negotiate agreements to avoid protracted litigation.

When departing from Tribunal recommendations, follow the consultation and disclosure steps: If the Minister intends to reject or modify Tribunal recommendations about native title acquisitions, the Minister must consult the Minister responsible for indigenous affairs and provide submissions, recommendations and reasons to that Minister before taking a different course (s 45(2); s 45(2AA)). If the Minister departs from the recommendation, relevant registered native title parties may request reasons (s 45(2B)-(2C)); prepare to provide written reasons within 28 days.

Finally, document delegation and ensure accountability: If Ministerial powers are delegated (s 94A), maintain delegation instruments and ensure decisions taken under delegation are properly recorded, as delegated actions are legally Ministerial acts (s 94A(2)).