203FSecretary to inform Minister of certain matters

203F Secretary to inform Minister of certain matters 203FB Review of assistance decisions 203FBA External review 203FBB Review by Secretary of the Department 203FC Transfer of documents and records 203FCA Representative body etc. to comply with wishes of traditional custodians 203FD Liability of executive officers etc. 203FE Provision of funding by the Commonwealth 203FEA Application of this Act to persons and bodies funded under subsection 203FE(1) 203FEB Application of this Act to persons and bodies funded under subsection 203FE(2) 203FEC Certain provisions do not apply to persons and bodies funded under subsection 203FE(1) or (2) 203FED Liability 203FF Financial and accountability requirements imposed by other legislation 203FG False statements etc. 203FH Conduct by directors, employees and agents 203FI Delegation Part 12A—State/Territory bodies 207A Recognised State/Territory body 207B Equivalent State/Territory bodies Part 13—Miscellaneous 208 Act not to apply so as to exceed Commonwealth power 209 Reports by Aboriginal and Torres Strait Islander Social Justice Commissioner 209A Evaluation of amendments made by the Native Title Legislation Amendment Act 2021 210 Operation of beneficial land rights laws not affected 211 Preservation of certain native title rights and interests 212 Confirmation of ownership of natural resources, access to beaches etc. 213 Provisions relating to Federal Court jurisdiction 214 Application of amended rules of evidence in proceedings before the Federal Court 215 Regulations Part 15—Definitions Division 1—List of definitions 222 List of definitions Division 2—Key concepts: Native title and acts of various kinds etc. 223 Native title 224 Native title holder 225 Determination of native title 226 Act 227 Act affecting native title 228 Past act 229 Category A past act 230 Category B past act 231 Category C past act 232 Category D past act 232A Intermediate period act 232B Category A intermediate period act 232C Category B intermediate period act 232D Category C intermediate period act 232E Category D intermediate period act 233 Future act 237 Act attracting the expedited procedure 237A Extinguish 238 Non‑extinguishment principle 239 Act attributable to the Commonwealth, a State or a Territory 240 Similar compensable interest test Division 3—Leases 241 Coverage of Division 242 Lease 243 Lessee 244 Permit 245 Mining lease 246 Commercial lease 247 Agricultural lease 247A Exclusive agricultural lease 247B Non‑exclusive agricultural lease 248 Pastoral lease 248A Exclusive pastoral lease 248B Non‑exclusive pastoral lease 249 Residential lease 249A Community purposes lease 249B Perpetual lease 249C Scheduled interest Division 4—Sundry definitions etc. 250 Application to things happening before commencement 251A Authorising the making of indigenous land use agreements 251B Authorising the making of applications 251BA Conditions on authority 251C Towns and cities 251D Land or waters on which a public work is constructed, established or situated 252 Notify the public in the determined way 253 Other definitions Schedule 1—Scheduled interests Part 1—New South Wales 1 Crown Lands Occupation Act 1861 2 Crown Lands Act 1884 3 Western Lands Act 1901, Crown Lands Consolidation Act 1913 and other land Acts 4 Returned Soldiers Settlement Act 1916 5 Closer Settlement Amendment (Conversion) Act 1943 6 Crown Lands Act 1989 7 National Parks legislation 8 Various Acts Part 2—Victoria 9 Land Acts etc. 10 Water Acts etc. 11 Forests Acts 12 National Parks Act 1975 13 Alpine Resorts Act 1983 14 Gardens Acts 15 Settlement Acts etc. 16 Crown Land (Reserves) Act 1978 17 Melbourne and Metropolitan Board of Works Acts 18 Port Acts etc. 19 Railway and Transport Acts 20 Various Acts Part 3—Queensland 21 Leases under various Land Acts etc. 22 Freeholding leases 23 Homestead interests 24 Settlement farm leases 25 Agricultural farms 26 Perpetual lease selections 27 Perpetual town leases 28 Perpetual suburban leases 29 Perpetual country leases 30 Prickly pear‑related interests 31 Leases under agreements given the force of law 32 Various interests Part 4—Western Australia 33 Legislation before 1898 34 Land Act 1898 and Land Act 1933 35 Other legislation after 1898 36 Leases under certain mining‑related and other Acts Part 5—South Australia 37 Perpetual leases and leases for a term of years 38 Miscellaneous leases 39 Other interests Part 6—Tasmania 40 Crown Lands Acts 41 Closer Settlement Act 1929 Part 7—Northern Territory 42 Town leases etc. 43 Agricultural leases etc. 44 Leases for special purposes etc. 45 Miscellaneous leases 46 Other leases Endnotes   An Act about native title in relation to land or waters, and for related purposes     Preamble This preamble sets out considerations taken into account by the Parliament of Australia in enacting the law that follows. The people whose descendants are now known as Aboriginal peoples and Torres Strait Islanders were the inhabitants of Australia before European settlement. They have been progressively dispossessed of their lands. This dispossession occurred largely without compensation, and successive governments have failed to reach a lasting and equitable agreement with Aboriginal peoples and Torres Strait Islanders concerning the use of their lands. As a consequence, Aboriginal peoples and Torres Strait Islanders have become, as a group, the most disadvantaged in Australian society. The people of Australia voted overwhelmingly to amend the Constitution so that the Parliament of Australia would be able to make special laws for peoples of the aboriginal race. The Australian Government has acted to protect the rights of all of its citizens, and in particular its indigenous peoples, by recognising international standards for the protection of universal human rights and fundamental freedoms through:  (a) the ratification of the International Convention on the Elimination of All Forms of Racial Discrimination and other standard‑setting instruments such as the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights; and  (b) the acceptance of the Universal Declaration of Human Rights; and  (c) the enactment of legislation such as the Racial Discrimination Act 1975 and the Australian Human Rights Commission Act 1986. The High Court has:  (a) rejected the doctrine that Australia was terra nullius (land belonging to no‑one) at the time of European settlement; and  (b) held that the common law of Australia recognises a form of native title that reflects the entitlement of the indigenous inhabitants of Australia, in accordance with their laws and customs, to their traditional lands; and  (c) held that native title is extinguished by valid government acts that are inconsistent with the continued existence of native title rights and interests, such as the grant of freehold or leasehold estates. The people of Australia intend:  (a) to rectify the consequences of past injustices by the special measures contained in this Act, announced at the time of introduction of this Act into the Parliament, or agreed on by the Parliament from time to time, for securing the adequate advancement and protection of Aboriginal peoples and Torres Strait Islanders; and  (b) to ensure that Aboriginal peoples and Torres Strait Islanders receive the full recognition and status within the Australian nation to which history, their prior rights and interests, and their rich and diverse culture, fully entitle them to aspire. The needs of the broader Australian community require certainty and the enforceability of acts potentially made invalid because of the existence of native title. It is important to provide for the validation of those acts. Justice requires that, if acts that extinguish native title are to be validated or to be allowed, compensation on just terms, and with a special right to negotiate its form, must be provided to the holders of the native title. However, where appropriate, the native title should not be extinguished but revive after a validated act ceases to have effect. It is particularly important to ensure that native title holders are now able to enjoy fully their rights and interests. Their rights and interests under the common law of Australia need to be significantly supplemented. In future, acts that affect native title should only be able to be validly done if, typically, they can also be done to freehold land and if, whenever appropriate, every reasonable effort has been made to secure the agreement of the native title holders through a special right to negotiate. It is also important that the broader Australian community be provided with certainty that such acts may be validly done. A special procedure needs to be available for the just and proper ascertainment of native title rights and interests which will ensure that, if possible, this is done by conciliation and, if not, in a manner that has due regard to their unique character. Governments should, where appropriate, facilitate negotiation on a regional basis between the parties concerned in relation to:  (a) claims to land, or aspirations in relation to land, by Aboriginal peoples and Torres Strait Islanders; and  (b) proposals for the use of such land for economic purposes. It is important that appropriate bodies be recognised and funded to represent Aboriginal peoples and Torres Strait Islanders and to assist them to pursue their claims to native title or compensation. It is also important to recognise that many Aboriginal peoples and Torres Strait Islanders, because they have been dispossessed of their traditional lands, will be unable to assert native title rights and interests and that a special fund needs to be established to assist them to acquire land. The Parliament of Australia intends that the following law will take effect according to its terms and be a special law for the descendants of the original inhabitants of Australia.  The law, together with initiatives announced at the time of its introduction and others agreed on by the Parliament from time to time, is intended, for the purposes of paragraph 4 of Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination and the Racial Discrimination Act 1975, to be a special measure for the advancement and protection of Aboriginal peoples and Torres Strait Islanders, and is intended to further advance the process of reconciliation among all Australians. The Parliament of Australia therefore enacts: