Australian Capital Territory
Native Title Act 1994 No 71
Republication No 1
Republication date: 13 June 2002
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Native Title Act 1994 as in force on 13 June 2002. It includes
any amendment, repeal or expiry affecting the republished law to 12 September 2001 and
any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).
The legislation history and amendment history of the republished law are set out in
endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see
the ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been
made by an Act commencing on the republication date (see Legislation Act 2001, s 115
and s 117). The changes are made if the Parliamentary Counsel considers they are
desirable to bring the law into line, or more closely into line, with current legislative
drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an
uncommenced amendment, the symbol U appears immediately before the provision
heading. The text of the uncommenced provision or amendment appears only in the last
endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision
appears in the endnotes. For the legal status of modifications, see Legislation Act 2001,
section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication
date is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Amendments incorporated to
12 September 2001
Australian Capital Territory
Native Title Act 1994
Contents
Page
Preamble 2
Part 1 Preliminary
1 Name of Act 1
3 Objects 1
4 Meaning of Commonwealth Native Title Act 1
5 Interpretation—Commonwealth Native Title Act definitions 1
Part 2 Past acts attributable to the Territory
6 Relationship to Commonwealth Native Title Act 2
7 Validation 2
8 Extinguishment of native title 2
9 Preservation of beneficial reservations and conditions 3
Contents
Page
contents 2 Native Title Act 1994 R1
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Part 3 Confirmation of rights and access
10 Relationship to Commonwealth Native Title Act 4
11 Confirmation of rights 4
12 Confirmation of access to waterways and public places 4
13 Effect of confirmation on native title 4
Endnotes
1 About the endnotes 5
2 Abbreviation key 5
3 Legislation history 6
4 Amendment history 6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Amendments incorporated to
12 September 2001
Australian Capital Territory
Native Title Act 1994
An Act relating to native title
Preamble
page 2 Native Title Act 1994 R1
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Preamble
1 Before European settlement, land in Australia had been
occupied, used and enjoyed since time immemorial by
Aboriginal peoples and Torres Strait Islanders in accordance
with their traditions.
2 Land is of spiritual, social, historical, cultural and economic
importance to Aboriginal peoples and Torres Strait Islanders. In
the Australian Capital Territory, there are sites that provide
evidence of their use by various groups of Aboriginal peoples at
different times for a variety of purposes.
3 Since European settlement, many Aboriginal peoples and Torres
Strait Islanders have been dispossessed and dispersed.
4 However, some Aboriginal peoples and Torres Strait Islanders
have maintained their ancestors’ traditional, customary or
historical affiliation with particular areas.
5 In the Native Title Decision ((1992) 175 C.L.R. 1), the High
Court—
(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 rights may be extinguished by valid
government acts that are inconsistent with the continued
existence of those rights, such as the grant of freehold or
leasehold estates.
6 The Native Title Act 1993 (Cwlth) provides a national scheme
with the following objects:
(a) to provide for the recognition and protection of native title;
Preamble
R1 Native Title Act 1994 page 3
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(b) to establish ways in which future dealings affecting native
title may proceed, and to set standards for those dealings;
(c) to establish a mechanism for determining claims to native
title;
(d) to provide for, or permit, the validation of past acts
invalidated because of the existence of native title.
7 The Legislative Assembly intends the Australian Capital
Territory to participate in the national scheme enacted by the
Commonwealth Parliament.
8 The Legislative Assembly for the Australian Capital Territory
therefore enacts as follows:
Preliminary Part 1
Section 1
R1 Native Title Act 1994 page 1
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Part 1 Preliminary
1 Name of Act
This Act is the Native Title Act 1994.
3 Objects
The main objects of this Act are, in accordance with the
Commonwealth Native Title Act:
(a) to validate past acts invalidated because of the existence of
native title;
(b) to confirm existing rights to natural resources and access to
waterways and public places.
4 Meaning of Commonwealth Native Title Act
In this Act:
Note A definition applies except so far as the contrary intention appears
(see Legislation Act 2001, s 155).
Commonwealth Native Title Act means the Native Title Act
1993 (Cwlth).
5 Interpretation—Commonwealth Native Title Act
definitions
Words and expressions used in this Act have the same meanings
as they have in the Commonwealth Native Title Act.
Part 2 Past acts attributable to the Territory
Section 6
page 2 Native Title Act 1994 R1
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Part 2 Past acts attributable to the
Territory
6 Relationship to Commonwealth Native Title Act
This part is enacted in accordance with the Commonwealth
Native Title Act, section 19.
7 Validation
A past act attributable to the Territory is valid, and is to be taken
always to have been valid.
8 Extinguishment of native title
(1) A category A past act attributable to the Territory, other than an
act to which the Commonwealth Native Title Act, section 229
(4) applies, extinguishes the native title concerned.
(2) A category A past act attributable to the Territory to which the
Commonwealth Native Title Act, section 229 (4) applies—
(a) in any case—extinguishes the native title in relation to the
land or waters on which the public work concerned (on
completion of its construction or establishment) was or is
situated; and
(b) if that Act, section 229 (4) (a) applies—is to be taken to
have extinguished that native title on 1 January 1994.
(3) A category B past act attributable to the Territory that is wholly
or partly inconsistent with the continued existence, enjoyment
or exercise of the native title rights and interests concerned
extinguishes the native title to the extent of the inconsistency.
(4) The non-extinguishment principle applies to a category C past
act, or a category D past act, that is attributable to the Territory.
Past acts attributable to the Territory Part 2
Section 9
R1 Native Title Act 1994 page 3
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(5) The extinguishment effected by this section does not by itself
give any right to eject or remove any Aboriginal persons who
reside on or who exercise access over land or waters covered by
a pastoral lease the grant, regrant or extension of which is
validated by section 7.
9 Preservation of beneficial reservations and conditions
(1) If an act attributable to the Territory contains a reservation or
condition for the benefit of Aboriginal peoples or Torres Strait
Islanders, nothing in section 8 affects that reservation or
condition.
(2) If the doing of an act attributable to the Territory would affect
non-native title rights and interests of Aboriginal people or
Torres Strait Islanders, nothing in section 8 affects those rights
and interests.
(3) In this section:
non-native title rights and interests means rights or interests,
other than native title rights and interests, arising under
legislation, at common law or in equity and whether or not
rights of usage.
Part 3 Confirmation of rights and access
Section 10
page 4 Native Title Act 1994 R1
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Part 3 Confirmation of rights and
access
10 Relationship to Commonwealth Native Title Act
This part is enacted in accordance with the Commonwealth
Native Title Act, section 212.
11 Confirmation of rights
(1) The existing ownership by the Crown in right of the Territory of
any natural resources is confirmed.
(2) Any existing right of the Crown in right of the Territory to use,
control and regulate the flow of water is confirmed.
(3) Any existing fishing access rights are confirmed to prevail over
any other public or private fishing rights.
12 Confirmation of access to waterways and public
places
Existing public access to and enjoyment of the following places
is confirmed:
(a) waterways;
(b) beds and banks or foreshores of waterways;
(c) areas that were public places at the end of 31 December
1993.
13 Effect of confirmation on native title
As provided by the Commonwealth Native Title Act,
section 212 (3), a confirmation under this part does not—
(a) extinguish or impair any native title rights and interests; or
(b) affect a conferral of land or waters, or an interest in land or
waters, under a law that confers benefits only on
Aboriginal people or Torres Strait Islanders.
Endnotes
About the endnotes 1
R1 Native Title Act 1994 page 5
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and
the amendment history. Current modifications are not included in the
republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3
are annotated in the amendment history. Full details of any amendments can
be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation
history and the amendment history. These details are underlined.
Uncommenced provisions and amendments are not included in the
republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty
unit values appears on the republication inside front cover.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter p = page
cl = clause par = paragraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly prov = provision
div = division pt = part
exp = expires/expired r = rule/subrule
Gaz = Gazette reg = regulation/subregulation
hdg = heading renum = renumbered
IA = Interpretation Act 1967 reloc = relocated
ins = inserted/added R[X] = Republication No
LA = Legislation Act 2001 s = section/subsection
LR = legislation register sch = schedule
LRA = Legislation (Republication) Act 1996 sdiv = subdivision
mod = modified / modification sub = substituted
No = number SL = Subordinate Law
num = numbered underlining = whole or part not commenced
o = order or to be expired
om = omitted/repealed
Endnotes
3 Legislation history
page 6 Native Title Act 1994 R1
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3 Legislation history
Native Title Act 1994 A1994-71
notified 1 November 1994 (Gaz 1994 No S229)
commenced 1 November 1994 (s 2)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001-44 pt
257
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 257 commenced 12 September 2001 (s 2 and Gaz 2001 No
S65)
4 Amendment history
Commencement
s 2 om A2001-44 amdt 1.2909