CTHIn ForceAct
Native Title Act 1993
225Determination of native title
Start here
Get a plain-English read of 225
Turn the raw legal text into a practical explanation grounded in Native Title Act 1993.
225 Determination of native title
A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area) of land or waters and, if it does exist, a determination of:
(a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and
(b) the nature and extent of the native title rights and interests in relation to the determination area; and
(c) the nature and extent of any other interests in relation to the determination area; and
(d) the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and
(e) to the extent that the land or waters in the determination area are not covered by a non‑exclusive agricultural lease or a non‑exclusive pastoral lease—whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.
Note: The determination may deal with the matters in paragraphs (c) and (d) by referring to a particular kind or particular kinds of non‑native title interests.
226 Act
Section affects meaning of act in references relating to native title
(1) This section affects the meaning of act in references to an act affecting native title and in other references in relation to native title.
Certain acts included
(2) An act includes any of the following acts:
(a) the making, amendment or repeal of any legislation;
(b) the grant, issue, variation, extension, renewal, revocation or suspension of a licence, permit, authority or instrument;
(c) the creation, variation, extension, renewal or extinguishment of any interest in relation to land or waters;
(d) the creation, variation, extension, renewal or extinguishment of any legal or equitable right, whether under legislation, a contract, a trust or otherwise;
(e) the exercise of any executive power of the Crown in any of its capacities, whether or not under legislation;
(f) an act having any effect at common law or in equity.
Acts by any person
(3) An act may be done by the Crown in any of its capacities or by any other person.