Native Title (State Provisions) Regulations 2000 (Western Australia)

These Regulations prescribe the procedural and administrative details that give effect to parts of the Native Title (State Provisions) Act 1999 for Western Australia. They do not create new substantive native title rights; they specify how notices are to be given, the content and form of objections and applications, the documentary and fee requirements for particular types of applications, how certain ministerial determinations and Commission decisions must be recorded, and a range of transitional and evidentiary matters. Key mechanics set out in the instrument include:

The content and method of notification when a Government party fixes a later closing day for objections to Part 2, Part 3 or Part 4 acts: public advertisments in a broadly circulating newspaper and additional targeted advertising for Part 3 acts (reg 2; reg 9; reg 16). The Regulations require written notice to persons entitled to notification under the relevant Act sections in each case (reg 2(b); reg 9(c); reg 16(b)).
The permitted method for lodging objections: a single prescribed objection form (Form 1 in Schedule 1) and express authorisation for facsimile lodgement with a mandatory postal follow-up within seven days and an obligation on the Government party to acknowledge receipt (reg 4(1)-(4); reg 11(1)-(4); reg 18(1)-(4)).
The prescribed form and content of applications to have objections heard by the Commission (Form 2) and applications for compensation (Form 3), including the requirement that specified applications be lodged with the Native Title Commission (reg 5(1)-(2); reg 13(1)-(2); reg 21(1)-(2); reg 22).
Documentary and fee requirements for applications under s 2.27(2)(b), s 3.39(2)(b) and s 4.22(2)(b) of the Act: a document setting out endeavours made to resolve the issues and a prescribed fee of $100 per application (reg 6; reg 14; reg 20).

CrestWestern Australia

Native Title (State Provisions) Act 1999

Native Title (State Provisions) Regulations 2000

Western Australia

Native Title (State Provisions) Regulations 2000

Contents

Citation 1
Notice of later closing day fixed under section 2.11(2) 1
Prescribed information and requirements for purposes of section 2.15 1
Form and lodgment of form for objection under section 2.17 2
Form and lodgment of form for application under section 2.27(2)(b) 2
Material and fees to accompany application under section 2.27(2)(b) 2
Notification of dismissal of objection under section 2.29, 3.41, or 4.24 3
Contents of determination under section 2.38 or 4.33 3
Notice of later closing day fixed under section 3.9(2) 3
Prescribed information and requirements for purposes of section 3.14 4
Form and lodgment of form for objection under section 3.16 4
Contents of determination under section 3.29 5
Form and lodgment of form for application under section 3.39(2)(b) 5
Material and fees to accompany application under section 3.39(2)(b) 5
Contents of declaration under section 3.51 5
Notice of later closing day fixed under section 4.7(2) 6
Prescribed information and requirements for purposes of section 4.10 6
Form and lodgment of form for objection under section 4.11 6
Form and lodgment of form for application under section 4.22(2)(b) 7
Material and fees to accompany application under section 4.22(2)(b) 7
Form and lodgment of form for application under section 5.2(4) 7
Form of and lodgment of application under section 5.2(6) 8
Amount paid and held in trust under section 5.9(2) 8
Form of summons issued by Commission 8
Witness fees and allowances 8
Completion of forms 8
Transitional: programme for dealing with existing mining applications (Schedule 3 of the Act clause 3) 8
Transitional: section 24MD(6B) matter (Schedule 3 of the Act Division 2) 9

Schedule 1 — Forms

Schedule 2 — Witness fees and allowances

Daily allowance 19
Travelling expenses 19
Expenses for meals 19
Overnight accommodation (bed only) 20

Notes

Compilation table 21

Defined terms

Western Australia

Native Title (State Provisions) Act 1999

Native Title (State Provisions) Regulations 2000

Made by the Administrator in Executive Council.

1. Citation

	These regulations may be cited as the *Native Title (State Provisions) Regulations 2000*.

2. Notice of later closing day fixed under section 2.11(2)

If under section 2.11(2) of the Act the Government party fixes a later closing day for the lodgment of objections to the doing of a Part 2 act the Government party must —

(a) give public notice of the later closing day by advertisement in a newspaper circulating generally throughout the State; and

(b) give notice in writing of the later closing day to any person to whom notice of the act must be given under section 2.12(2) of the Act.

3. Prescribed information and requirements for purposes of section 2.15

(1) For the purposes of section 2.15(1)(a) of the Act other information that must be included in a notice is that objections may be lodged by a facsimile transmission.

(2) For the purposes of section 2.15(1)(b)(ii) of the Act a notice under Part 2 Division 3 of the Act may be given in a notice of intention under section 170(1) of the Land Administration Act 1997 if the act to be done is the taking of an interest in land under that Act.

4. Form and lodgment of form for objection under section 2.17

(1) For the purposes of section 2.17 of the Act, Form 1 in Schedule 1 is prescribed as the form in which objections are to be lodged.

(2) An objection lodged with the Government party under section 2.17 of the Act may be lodged by a facsimile transmission.

(3) If an objection is lodged by facsimile transmission, the objection must also be served by post on the Government party within 7 days of the day on which it is lodged by a facsimile transmission.

(4) If the Government party receives an objection, the Government party is to send an acknowledgment of the receipt of the objection to the objector.

5. Form and lodgment of form for application under section 2.27(2)(b)

(1) For the purposes of section 2.46 of the Act, Form 2 in Schedule 1 is prescribed as the form in which an application under section 2.27(2)(b) of the Act is to be made.

(2) The form in which an application under section 2.27(2)(b) of the Act is made is to be lodged with the Commission.

6. Material and fees to accompany application under section 2.27(2)(b)

(1) For the purpose of section 2.47 of the Act, the prescribed document that must accompany the application is a document setting out —

(a) endeavours made by the consultation party that lodged the application; and

(b) any other endeavours of which the consultation party that lodged the application is aware that have been made,

to resolve the issues on which the objection is based.

(2) For the purpose of section 2.47 of the Act, the prescribed fee is $100 for each application.

7. Notification of dismissal of objection under section 2.29, 3.41, or 4.24

The notification under section 2.29(2), 3.41(2), or 4.24(2) of the Act by the Commission to an objector of the dismissal of his or her objection must —

(a) be in writing;

(b) state the findings of facts on which it is based; and

8. Contents of determination under section 2.38 or 4.33

A determination made by the responsible Minister under section 2.38(1) or 4.33(1) of the Act must —

(a) state the findings of facts on which it is based; and

(b) give reasons for the decision.

9. Notice of later closing day fixed under section 3.9(2)

If under section 3.9(2) of the Act the Government party fixes a later closing day for the lodgment of objections to the doing of a Part 3 act the Government party must —

(a) give public notice of the later closing day by advertisement in a newspaper circulating generally throughout the State;

(b) give public notice of the later closing day by advertisement in a newspaper or magazine that —

(i) caters mainly or exclusively for the interests of Aboriginal peoples;

(ii) circulates in the area that may be affected by the act; and

(iii) is published at least once a month;

and

(c) give notice in writing of the later closing day to any person to whom notice of the act must be given under section 3.10(2) of the Act.

10. Prescribed information and requirements for purposes of section 3.14

(1) For the purposes of section 3.14(1)(a) of the Act other information that must be included in a notice is that objections may be lodged by a facsimile transmission.

(2) For the purposes of section 3.14(1)(b)(ii) of the Act a notice under Part 3 Division 3 of the Act may be given in a notice of intention under section 170(1) of the Land Administration Act 1997 if the act to be done is the taking of an interest in land under that Act.

11. Form and lodgment of form for objection under section 3.16

(1) For the purposes of section 3.16 of the Act, Form 1 in Schedule 1 is prescribed as the form in which objections are to be lodged.

(2) An objection lodged under section 3.16 of the Act with the Government party may be lodged by a facsimile transmission.

(3) If an objection is lodged by facsimile transmission, the objection must also be served by post on the Government party within 7 days of the day on which it is lodged by a facsimile transmission.

(4) If the Government party receives an objection, the Government party is to send an acknowledgment of the receipt of the objection to the objector.

12. Contents of determination under section 3.29

A determination made by the responsible Minister under section 3.29(2) of the Act must —

(a) be in writing;

(b) state the findings of facts on which it is based; and

13. Form and lodgment of form for application under section 3.39(2)(b)

(1) For the purposes of section 3.58 of the Act, Form 2 in Schedule 1 is prescribed as the form in which an application under section 3.39(2)(b) of the Act is to be made.

(2) The form in which an application under section 3.39(2)(b) of the Act is made is to be lodged with the Commission.

14. Material and fees to accompany application under section 3.39(2)(b)

(1) For the purpose of section 3.59 of the Act, the prescribed document that must accompany the application is a document setting out —

(a) endeavours made by the negotiation party that lodged the application; and

(b) any other endeavours of which the negotiation party that lodged the application is aware that have been made,

to resolve the issues on which the objection is based.

(2) For the purpose of section 3.59 of the Act, the prescribed fee is $100 for each application.

15. Contents of declaration under section 3.51

A declaration made by the responsible Minister under section 3.51(1) of the Act must —

(a) state the findings of facts on which it is based; and

(b) give reasons for the decision.

16. Notice of later closing day fixed under section 4.7(2)

If under section 4.7(2) of the Act the Government party fixes a later closing day for the lodgment of objections to the doing of a Part 4 act the Government party must —

(a) give public notice of the later closing day by advertisement in a newspaper circulating generally throughout the State; and

(b) give notice in writing of the later closing day to any person to whom notice of the act must be given under section 4.8(2) of the Act.

17. Prescribed information and requirements for purposes of section 4.10

(1) For the purposes of section 4.10(1)(a) of the Act other information that must be included in a notice is that objections may be lodged by a facsimile transmission.

(2) For the purposes of section 4.10(1)(b)(ii) of the Act a notice under Part 4 Division 2 of the Act may be given in a notice of intention under section 170(1) of the Land Administration Act 1997 if the act to be done is the taking of an interest in land under that Act.

18. Form and lodgment of form for objection under section 4.11

(1) For the purposes of section 4.12 of the Act, Form 1 in Schedule 1 is prescribed as the form in which objections are to be lodged.

(2) An objection lodged under section 4.12 of the Act with the Government party may be lodged by a facsimile transmission.

(3) If an objection is lodged by facsimile transmission, the objection must also be served by post on the Government party within 7 days of the day on which it is lodged by a facsimile transmission.

(4) If the Government party receives an objection, the Government party is to send an acknowledgment of the receipt of the objection to the objector.

19. Form and lodgment of form for application under section 4.22(2)(b)

(1) For the purposes of section 4.41 of the Act, Form 2 in Schedule 1 is prescribed as the form in which an application under section 4.22(2)(b) of the Act is to be made.

(2) The form in which an application under section 4.22(2)(b) of the Act is made is to be lodged with the Commission.

20. Material and fees to accompany application under section 4.22(2)(b)

(1) For the purpose of section 4.42 of the Act, the prescribed document that must accompany the application is a document setting out —

(a) endeavours made by the consultation party that lodged the application; and

(b) any other endeavours of which the consultation party that lodged the application is aware that have been made,

to resolve the issues on which the objection is based.

(2) For the purpose of section 4.42 of the Act, the prescribed fee is $100 for each application.

21. Form and lodgment of form for application under section 5.2(4)

(1) An application under section 5.2(4) of the Act is to be made in Form 3 in Schedule 1.

(2) The form in which an application under section 5.2(4) of the Act is made is to be lodged with the Commission.

22. Form of and lodgment of application under section 5.2(6)

An application under section 5.2(6) of the Act is to be made in writing and be lodged with the Commission.

23. Amount paid and held in trust under section 5.9(2)

An amount paid to and held in trust by the Commission under section 5.9(2) of the Act is to be held in an account established by the Treasurer under section 9(2)(c)(i) of the Financial Administration and Audit Act 1985.

24. Form of summons issued by Commission

A summons issued by the Commission under section 6.30 of the Act is to be in the form of Form 4 in Schedule 1.

25. Witness fees and allowances

A person who appears before the Commission under section 6.30 of the Act is entitled to receive from the Commission a fee or allowance in accordance with Schedule 2.

26. Completion of forms

A form must be completed in accordance with such directions and instructions as are specified in, or relate to, the form.

27. Transitional: programme for dealing with existing mining applications (Schedule 3 of the Act clause 3)

(1) In this regulation —

representative body area means an area for which the Commonwealth Minister has invited applications under section 203AA of the NTA from eligible bodies for recognition as the representative body for that area.

(2) To enable the giving of notices under sections 2.12 and 3.10 of the Act of Part 2 acts and Part 3 acts to which existing mining applications relate to be spread over a period of time, the number of acts of which notice is given by the Government party is not to exceed 200 in any 14 day period.

(3) For the purpose of subregulation (2), the giving of notices of acts relating to a representative body area in the State specified in column 1 of the Table to this subregulation is not in any 14 day period to exceed the number in column 2 of that Table.

Table

Representative body area	Number of acts
Kimberley	25
Pilbara	25
Central Desert	50
Geraldton	40
Goldfields	100
Southwest	25

(4) For the purposes of subregulations (2) and (3), if a notice is in respect of more than one act in relation to a proponent in contiguous areas in a representative body area, the acts are to be counted as one act.

28. Transitional: section 24MD(6B) matter (Schedule 3 of the Act Division 2)

(1) A section 24MD(6B) matter is to be dealt with as if it is a Part 4 act that consists of —

(a) a compulsory acquisition to which section 24MD(6B)(a) of the NTA applies; or

(b) the creation or variation of a right to mine that is referred to in section 24MD(6B)(b) of the NTA,

as the case requires.

(2) A notification given under section 24MD(6B) of the NTA is to be dealt with as if it is a notice given under section 4.6(4) of the Act.

(3) An objection under section 24MD(6B) of the NTA is to be dealt with as if it is an objection made under section 4.11 of the Act.

(4) A proceeding that is included in the definition of section 24MD(6B) matter under clause 4(2) and (3) of Schedule 3 to the Act that has been commenced before the commencement of Part 4 of the Act may be dealt with by the Commission under Part 4 Division 4 of the Act.

(5) A section 24MD(6B) matter has continuing effect as if it had occurred or come into existence for the purposes of Part 4 of the Act and despite the fact that the matter does not fully comply with a requirement of that Part.

Schedule 1 — Forms

[rr. 4, 5, 11, 13, 18, 19, 21, 24]

Form 1	WESTERN AUSTRALIA<br>Native Title (State Provisions) Act 1999<br>(ss. 2.17, 3.16 & 4.12)
	OBJECTION No.
(a) Specify name of Government party doing act	To:________________________________________ (The Government Party)
(b) Insert particulars of future acts objected to	The undersigned objects to —<br>(b)
(c) Set out grounds for objection, including how the doing of the act would be likely to affect the objector’s registered native title rights and interest in relation to the relevant land	For the following reasons —<br>(c)
	And pending the hearing of this objection, requires you to withhold your determination of the act until the Commission has made a recommendation, determination, or one of the circumstances provided for in section 2.6, 3.5 or 4.3, as the case may be, has been satisfied.
(d) Full name and address, telephone, facsimile, and email address (optional) of objector and legal representative (if any).	(d)
(e) Specify whether objection is lodged on behalf of a registered native title claimant (specify claim name and number) or registered native title body corporate (specify date and reference number etc. of determination)	(e)
	DATED this day of , 2
(f) Signature of objector or agent	(f) ___________________________________

OFFICE USE		Received at . . . . . . .<br>on . . . . . . . . . . . . . .<br>. . . . . . . . . . . . . . . . (Government Party)

NOTE: (1) Objections cannot be lodged after the closing date. However, the closing date may be extended in exceptional circumstances where application by a person is made to the Native Title Commission before the closing date (see Native Title (State Provisions) Act 1999 sections 2.18, 3.17 and 4.13).

(2) The period to object to a Part 2 or Part 3 act will also be extended by a period of one month in respect of a party who lodges a native title determination application on or before the closing date (see Native Title (State Provisions) Act 1999 sections 2.18(3) and 3.17(3)).

Form 2	WESTERN AUSTRALIA<br>Native Title (State Provisions) Act 1999<br>(ss. 2.46, 3.58 & 4.41)
	APPLICATION FOR HEARING AND DETERMINATION OF OBJECTION TO FUTURE ACT PROPOSAL
(a) Insert objection number<br>(b) Insert details of Government act to which the application relates (i.e. type and number of acts)	The undersigned requests the hearing and recommendation or determination, as the case may be, of —<br>(a)<br>(b)
(c) Set out brief details of endeavours made by the applicant, or of which the applicant is aware, to resolve the issues on which the objection was based	For the following reasons —<br>(c)<br>(detailed statement to be attached in accordance with regulation 6, 14, or 20, as the case may be).<br>And following the hearing of this application requires the Commission to make a recommendation or determination.
(d) Full name and address, telephone, facsimile, and email address (optional) of consultation or negotiation party making application	(d)
	If application is lodged by a registered native title claimant, state claim name and number. If application is lodged on behalf of a registered native title body corporate, state details of determination<br>(date, reference number etc.).
	DATED this day of , 2
(e) Signature of consultation or negotiation party or agent	(e) ___________________________________

OFFICE USE This application will be heard at the Commission atat the hour of m, on the day of 2
Received at . . . . . . . . m,on . . . . . . . . . . . . . .with the fee of $

Form 3	WESTERN AUSTRALIA<br>Native Title (State Provisions) Act 1999<br>(s. 5.2(4))
	APPLICATION FOR COMPENSATION No.
(a) Insert particulars of Part 2 act, Part 3 act, or Part 4 act and native title rights and interests claimed to be affected	The undersigned requests the determination of compensation in respect to:<br>(a)
(b) Set out brief details of loss, diminution, impairment or other effect of the act on native title rights and interests	for the following reasons —<br>(b)
(c) Set out brief details of any monetary or non‑monetary compensation already received	(c) [statement to be attached showing full details in respect to (b) and (c) above]
(d) Provide details of native title determination viz. Federal Court ref. no., date, etc.	(d)
(e) Full name and address, telephone, facsimile, and e‑mail address (optional) of registered native title body corporate and legal representative (if any)	(e)
	DATED this day of , 2
(f) Signature of registered native title body corporate or agent	(f) _______________________________________

OFFICE USE		Received at . . . . . . .<br>on . . . . . . . . . . . . . .<br>. . . . . . . . . . . . . . . . . . (Native Title Commission)

Form 4 WESTERN AUSTRALIANative Title (State Provisions) Act 1999(s. 6.30)
SUMMONS
(a) Full name and address of person being summoned In the Native Title Commission at —(a)
(b) Place of hearing YOU are summoned to appear before the Native Title Commission at —(b)
(c) Time and date of hearing (c) at a.m./p.m. on the day of 2
(d) Matters for which person is being summoned to give evidence/produce specific documents in relation to —(d)
specific documents required are —
DATED this day of , 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief Commissioner
WITNESS FEES will be considered in accordance with regulation 25 of the Native Title (State Provisions) Regulations 2000.

Schedule 2 — Witness fees and allowances

[r. 25]

Daily allowance

(1) A person carrying on a profession or business as a principal is entitled to a daily allowance not exceeding $97.00.

(2) A person other than that referred to in subclause (1) is entitled to a daily allowance not exceeding $78.00.

(3) In fixing an allowance under subclause (2), the Commission may have regard to the amount of salary or wages (if any) actually lost by the witness.

Travelling expenses

(1) A witness is entitled to be paid any bus or rail fares incurred by him or her.

(2) If the Commission is satisfied that bus or rail transport is not reasonably convenient a witness is entitled to be paid an allowance for road travel for the distance travelled each way in respect of his or her attendance at a rate of 37.5 cents per kilometre.

(3) If the Commission gives prior approval to a witness travelling by air, the witness is entitled to obtain the cost of the air fare from the Commission.

Expenses for meals

If a witness —

(a) is required to travel a distance exceeding 40 km from his or her place of residence; and

(b) is required to leave his or her residence before 7 a.m.,

the witness is entitled to the following allowances for meals in respect of the meals that are normally taken during the time of his or her travelling and attendance and the cost of which has been paid for by the witness —

Breakfast	$6.00
Lunch	$6.00
Dinner	$12.00.

Overnight accommodation (bed only)

If a witness is required to remain away from his or her residence overnight he or she is entitled to be paid an allowance for the cost of accommodation at an hotel, motel, or other place to a maximum of $90.00 per day.

Notes

1 This is a compilation of the Native Title (State Provisions) Regulations 2000 and includes the amendments referred to in the following Table.

Compilation table

Citation	Gazettal	Commencement
Native Title (State Provisions) Regulations 2000	4 Jul 2000 p. 3555‑77	4 Jul 2000

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

representative body area 27(1)

Western Australia

Native Title (State Provisions) Act 1999

Native Title (State Provisions) Regulations 2000

Western Australia

Native Title (State Provisions) Regulations 2000

Contents

Citation 1
Notice of later closing day fixed under section 2.11(2) 1
Prescribed information and requirements for purposes of section 2.15 1
Form and lodgment of form for objection under section 2.17 2
Form and lodgment of form for application under section 2.27(2)(b) 2
Material and fees to accompany application under section 2.27(2)(b) 2
Notification of dismissal of objection under section 2.29, 3.41, or 4.24 3
Contents of determination under section 2.38 or 4.33 3
Notice of later closing day fixed under section 3.9(2) 3
Prescribed information and requirements for purposes of section 3.14 4
Form and lodgment of form for objection under section 3.16 4
Contents of determination under section 3.29 5
Form and lodgment of form for application under section 3.39(2)(b) 5
Material and fees to accompany application under section 3.39(2)(b) 5
Contents of declaration under section 3.51 5
Notice of later closing day fixed under section 4.7(2) 6
Prescribed information and requirements for purposes of section 4.10 6
Form and lodgment of form for objection under section 4.11 6
Form and lodgment of form for application under section 4.22(2)(b) 7
Material and fees to accompany application under section 4.22(2)(b) 7
Form and lodgment of form for application under section 5.2(4) 7
Form of and lodgment of application under section 5.2(6) 8
Amount paid and held in trust under section 5.9(2) 8
Form of summons issued by Commission 8

The Regulations concentrate on a small set of implementation concepts: prescribed forms, modes of service, documentary standards for dispute-resolution attempts, timing and notice processes, administrative fees, the form and content of formal decisions, witness remuneration, and transitional sequencing.

Prescribed forms and completion requirements: The Regulations prescribe specific forms in Schedule 1 for objections (Form 1), applications to have objections heard (Form 2), applications for compensation (Form 3) and Commission summonses (Form 4) (regs 4(1), 5(1), 13(1), 21(1), 24). They require forms to be completed according to any directions and instructions specified in or relating to the form (reg 26). Form 1 contains a template objection and explicitly includes a clause requesting the Government party to withhold determination pending Commission action under referenced Act provisions. Forms embed procedural limits: Form 1 records that objections cannot be lodged after the closing date, subject to specified Act-based extensions.

Modes of service and acknowledgment: The Regulations authorise facsimile transmission as a lodging method for objections and require that a facsimile-lodged objection also be served by post within seven days of the fax (reg 4(2)-(3); reg 11(2)-(3); reg 18(2)-(3)). The Government party must send an acknowledgement of receipt to the objector (reg 4(4); reg 11(4); reg 18(4)). Notices of later closing days must be published in a broadly circulating State newspaper; for Part 3 acts an additional requirement exists to advertise in a publication that caters mainly for Aboriginal peoples and circulates in the affected area at least monthly (reg 2(a); reg 9(a)-(b); reg 16(a)).

Documentary showing of attempts to resolve issues: For applications under the Act’s objection-hearing provisions (s 2.27(2)(b), s 3.39(2)(b), s 4.22(2)(b)), the Regulations prescribe a document that must accompany the application setting out endeavours made by the consultation or negotiation party (and others of which it is aware) to resolve the issues (reg 6(1); reg 14(1); reg 20(1)). These documentary requirements implement an administrative screening step requiring evidence of prior negotiation or consultation efforts.

Fees: The Regulations impose a modest prescribed fee of $100 for each of the applications referenced above (reg 6(2); reg 14(2); reg 20(2)). The fee is specified as per application rather than per act in the text.

Content of formal decisions and notifications: The Regulations require that when the Commission notifies an objector of dismissal of an objection (under the Act’s specified sections) the notification must be in writing, state the findings of fact on which it is based and give reasons (reg 7). Similarly, determinations by the responsible Minister (under specified sections of the Act) must state factual findings and give reasons (reg 8; reg 12; reg 15). That is a uniform transparency requirement for formal administrative outcomes under the Act as implemented by these Regulations.

Transition and sequencing mechanics: The Regulations manage the sequencing of notices relating to existing mining applications by capping the number of acts notified in any 14-day period and by allocating maximum numbers by representative body area (reg 27(2)-(3)). There is an aggregation rule that contiguous acts for the same proponent may be counted as a single act in applying the cap (reg 27(4)). The Regulations also provide mapping rules treating certain Commonwealth NTA matters under s 24MD(6B) as though they were Part 4 acts and mapping notifications, objections and proceedings accordingly (reg 28(1)-(5)).

Witness and travel allowances, and financial custody: Schedule 2 sets out witness allowances, including daily allowances (up to $97 for principals, $78 for others), travel reimbursements (bus/rail fares, 37.5 cents per kilometre for road travel), modest meal allowances where travel exceeds 40 km and departure before 7am, and overnight accommodation up to $90 per day (Schedule 2). Amounts paid to and held in trust by the Commission are to be held in a Treasurer-established account under the Financial Administration and Audit Act 1985 (reg 23).

Operational transparency and administrative formality are the dominant concepts. The Regulations operationalise the Act by constraining how notices and applications must look and be transmitted, requiring documentary evidence of consultation efforts before hearings are accepted, and standardising administrative decision-writing and witness payments.

The Regulations allocate actions, costs and duties among several identifiable actors: Government parties, the Native Title Commission, registered native title claimants and registered native title bodies corporate, negotiation or consultation parties (including objectors), witnesses, the Treasurer and publishers of notice media.

Government party: The Regulations place duties on the Government party that proposes or fixes later closing days for Part 2, Part 3 and Part 4 acts. The Government party must publish the later closing day in a newspaper circulating generally throughout the State (reg 2(a); reg 9(a); reg 16(a)); for Part 3 acts it must additionally advertise in a publication catering mainly for Aboriginal peoples that circulates in the affected area at least once a month (reg 9(b)); and it must give written notice to persons entitled to notice under the relevant Act sections (reg 2(b); reg 9(c); reg 16(b)). The Government party is also required to acknowledge receipt of an objection when it receives one (reg 4(4); reg 11(4); reg 18(4)).

Objectors, consultation parties and negotiation parties: Individuals and entities wishing to object must use Form 1 (Schedule 1) and may lodge by fax subject to post-service within seven days (reg 4(1)-(3); reg 11(1)-(3); reg 18(1)-(3)). Those seeking a hearing of an objection must use Form 2 and lodge it with the Commission (reg 5(1)-(2); reg 13(1)-(2)). Negotiation or consultation parties lodging specified applications must provide a document setting out endeavours to resolve the issues (reg 6(1); reg 14(1); reg 20(1)). Applicants must pay the prescribed fee of $100 for each application (reg 6(2); reg 14(2); reg 20(2)). Registered native title bodies corporate have a specific form for compensation claims (Form 3) and must lodge such applications with the Commission (reg 21(1)-(2)).

Native Title Commission: The Commission is the recipient of lodged forms (reg 5(2); reg 13(2); reg 21(2); reg 22) and is the body that issues acknowledgements on receipt of objections (reg 4(4); reg 11(4); reg 18(4)). The Commission is also the body required to issue written notifications of dismissal that set out factual findings and reasons (reg 7). It may issue summonses in the Form 4 prescribed format (reg 24), and it pays witness fees and allowances according to Schedule 2 (reg 25). The Commission holds amounts in trust in a Treasurer-established account as required (reg 23). The Regulations also indicate the Commission’s role in hearings and in recommending or determining objections as reflected in the forms and documentary requirements (Forms 1-3).

Responsible Minister: For certain determinations and declarations under the Act, the Regulations require the responsible Minister’s determinations to be in writing, to state factual findings, and to give reasons (reg 8; reg 12; reg 15). The Minister’s decision-making record is therefore formalised by the Regulations.

Witnesses and persons required to attend: Persons summoned under s 6.30 of the Act will be summoned using Form 4 and are entitled to witness fees and allowances under Schedule 2 (reg 24; reg 25). The Regulations therefore directly affect entitlement and the mechanics for payment when summoned to appear.

Treasurer and financial administration bodies: The Regulations require funds held in trust by the Commission to be placed in a Treasurer-established account under the Financial Administration and Audit Act 1985 (reg 23). Thus the State’s financial administration framework is brought into the native title process.

Publishers and media catering to Aboriginal peoples: The Part 3 notice requirements (reg 9(b)) create a demand for a monthly publication that caters mainly or exclusively to Aboriginal peoples and circulates in the affected area. Whoever publishes such media becomes part of the notice chain for those acts.

Proponents and holders of existing mining applications: Transitional rules limit the number of acts for which notices of existing mining applications may be given in any 14-day period and allocate caps by representative body area (reg 27(2)-(3)). Proponents with contiguous acts may have those acts counted as a single act for the cap (reg 27(4)). This affects how quickly proponents can expect notices to be issued and therefore the scheduling of objection periods.

Collectively, the Regulations distribute administrative burdens,forms, fees, advertisement costs and witness arrangements,across these actors. The primary operational obligations fall on Government parties and applicants/objectors; the Commission is the central processing and payments agent; and the Treasurer has custody responsibilities for certain trust funds.

The Regulations create specific duties and procedural rights, ordinarily by prescribing forms, notice content and documentary requirements. They also specify payment entitlements for witnesses and a narrow fee obligation on applicants.

Duties on Government parties and notice duties

Publish a later closing day by advertisement in a newspaper circulating generally throughout the State where the Government party fixes such a later closing day for Part 2, Part 3 or Part 4 acts (reg 2(a); reg 9(a); reg 16(a)). For Part 3 acts, an additional publication in a monthly Aboriginal-targeted publication that circulates in the affected area is required (reg 9(b)(i)-(iii)).
Give written notice of the later closing day to persons who must be given notice of the act under the specified Act provisions (reg 2(b); reg 9(c); reg 16(b)).
Acknowledge receipt of objections: upon receipt of an objection, the Government party must send an acknowledgement of receipt to the objector (reg 4(4); reg 11(4); reg 18(4)).

Rights and duties relating to objections and applications

Objections must be lodged in Form 1 (reg 4(1); reg 11(1); reg 18(1)). The form provides that the objector may require the Government party to withhold determination pending Commission action under the Act’s relevant provisions (Form 1).
Facsimile lodging is permitted for objections, but if lodged by fax the objector must also serve the objection by post on the Government party within seven days of the fax lodging (reg 4(2)-(3); reg 11(2)-(3); reg 18(2)-(3)). This imposes an evidentiary and service duty on the objector while permitting rapid transmission by fax.
Applications to seek a hearing of an objection are to be made in Form 2 and lodged with the Commission (reg 5(1)-(2); reg 13(1)-(2)). For those applications under s 2.27(2)(b), s 3.39(2)(b) and s 4.22(2)(b), a document must accompany the application setting out endeavours to resolve the issues (reg 6(1); reg 14(1); reg 20(1)). The prescribed fee for these applications is $100 per application (reg 6(2); reg 14(2); reg 20(2)).
An application under s 5.2(4) for compensation is to be made in Form 3 and lodged with the Commission (reg 21(1)-(2)). The form requires a statement of the loss, diminution or impairment and details of any compensation already received (Form 3).

Commission duties and rights

The Commission must issue written notifications of dismissal of objections that state findings of fact and give reasons (reg 7). While the dismissal power itself is a matter of the Act, the Regulations prescribe the required content of the notification.
The Commission is the repository for specified lodged forms and the entity that will arrange hearings of those applications (reg 5(2); reg 13(2); reg 21(2)). It issues summonses in the prescribed Form 4 and pays witness fees and allowances according to Schedule 2 (reg 24; reg 25). The Commission holds money paid to and held in trust in a Treasurer-established account (reg 23).

Responsible Minister duties

Where the responsible Minister makes determinations under the Act’s specified provisions (reg 8 refers to s 2.38 or 4.33; reg 12 and reg 15 refer to other ministerial decisions), those determinations must state findings of fact and give reasons (reg 8; reg 12; reg 15).

Witness entitlements

Witnesses appearing before the Commission are entitled to fees/allowances per Schedule 2, including daily allowances (up to $97 for principals, up to $78 for others), travel expenses (bus/rail fares reimbursed, car travel at 37.5 cents/km if bus/rail not reasonably convenient, air fares with prior approval), modest meal allowances for specified travel circumstances, and overnight accommodation up to $90 per day (Schedule 2; reg 25).

Transitional duties and rights

The Government party must limit notice-giving of acts relating to existing mining applications to no more than 200 acts in any 14-day period across the State (reg 27(2)). The Regulations further allocate caps by representative body area (reg 27(3) and table). Contiguous acts for a single proponent may be counted as one act for the purpose of the cap (reg 27(4)).

Form completion rules

Forms must be completed in accordance with directions and instructions specified in, or relating to, the form (reg 26). This creates a duty to follow any form-specific instructions beyond the printed boxes.

Financial custody

Amounts paid to and held in trust by the Commission under the Act are to be held in an account established by the Treasurer under the Financial Administration and Audit Act 1985 s 9(2)(c)(i) (reg 23).

The Regulations set out rights to procedural fairness in the form of required written reasons for dismissals and ministerial decisions (reg 7; reg 8; reg 12; reg 15) and entitle witnesses to specified payments (Schedule 2). They create discrete duties on service, documentary proof of negotiation efforts, and modest application fees.

The Regulations are chiefly procedural; they do not themselves create new criminal offences or civil penalties within the text provided. Instead, they prescribe processes and the form and content of administrative action under the Native Title (State Provisions) Act 1999 and the practical mechanics of the Commission’s operation.

Enforcement mechanisms in the Regulations are therefore administrative and procedural rather than punitive. The primary enforcement modalities are:

Procedural admissibility: The Regulations make certain steps prerequisites for processing (for example, Form 2 applications must be accompanied by a document setting out endeavours to resolve the issues and the $100 fee) (reg 6; reg 14; reg 20). Failing to provide the prescribed documentary material or fee may affect whether the Commission accepts or proceeds with the application, although the Regulations do not specify the sanction,only the requirement.
Formal notice content: The Regulations require that notifications of dismissal by the Commission and certain ministerial determinations be in writing and include findings of fact and reasons (reg 7; reg 8; reg 12; reg 15). Non-compliance with that requirement would generally render the notification deficient in form; however the Regulations do not specify a penalty for non-compliance. The practical enforcement consequence is likely administrative challenge or judicial review on the basis that an administrative decision lacks required form or reason, but the Regulations themselves do not prescribe judicial remedies.
Service and receipt mechanics: The Regulations require that facsimile-lodged objections be followed by post within seven days (reg 4(3); reg 11(3); reg 18(3)). If that postal follow-up is not completed, the objector risks non-compliance with the prescribed lodging procedure. The Regulations do not specify an explicit penalty; the consequence is a potential procedural rejection by the Government party or the Commission under the Act’s provisions.
Summons power and attendance: The Commission is authorised under the Act to issue summonses; the Regulations prescribe the summons form (Form 4) and the entitlement of witnesses to fees (reg 24; reg 25). Failure to comply with a valid summons would be an Act-level issue; the Regulations do not themselves set out penalties, but they operationalise the summons and payment process.
Financial custody obligations: The Regulations require trust monies to be held in a Treasurer-established account under the Financial Administration and Audit Act 1985 (reg 23). Non-compliance would engage the financial management regime under the Financial Administration and Audit Act rather than the Regulations themselves.

The Regulations therefore vest enforcement in existing administrative and legal remedies embedded in the Act and in the State’s financial and administrative law frameworks. They specify documentation, service, and content requirements; failure to follow those requirements will typically have procedural consequences (for example, disallowing acceptance of an application, undermining evidentiary standing, or exposing a decision to review) rather than attract standalone fines in the Regulations themselves.

For practitioners, the practical enforcement risk lies in the loss of procedural rights or the invalidation of steps rather than in statutory fines: failure to meet the prescribed form, documentary or notice requirements can mean an objection is not entertained, an application is rejected or a decision is susceptible to challenge for procedural defect.

The Regulations make explicit cross-references to other Western Australian and Commonwealth laws and map certain Commonwealth Native Title Act (NTA) provisions into the State procedural framework. The instrument therefore operates as an interface between the State Act and other legal frameworks.

Land Administration Act 1997: The Regulations permit a notice under the State Act’s Part 2, Part 3 or Part 4 divisions to be given in a notice of intention under s 170(1) of the Land Administration Act 1997 where the act to be done is the taking of an interest in land under that Act (reg 3(2); reg 10(2); reg 17(2)). That is a cross-recognition of the Land Administration Act’s public notice mechanism as sufficient for compliance with the State Act’s notice requirements in those circumstances.

Financial Administration and Audit Act 1985: The Regulations require an amount paid to and held in trust by the Commission under the State Act to be held in an account established by the Treasurer under s 9(2)(c)(i) of the Financial Administration and Audit Act 1985 (reg 23). This brings the Commission’s trust funds within the State’s established financial management framework and subjects those funds to the custody arrangements and controls in the Financial Administration and Audit Act.

Commonwealth Native Title Act (NTA): The Regulations expressly address s 24MD(6B) matters under the NTA and map Commonwealth procedures into State processes. They direct that a s 24MD(6B) matter is to be dealt with as if it is a Part 4 act (reg 28(1)), that a notification under s 24MD(6B) of the NTA is to be dealt with as if it were a notice under s 4.6(4) of the State Act (reg 28(2)), and that an objection under s 24MD(6B) of the NTA is to be dealt with as if it were an objection under s 4.11 of the State Act (reg 28(3)). The Regulations also permit proceedings commenced before the commencement of Part 4 to be dealt with by the Commission under Part 4 Division 4 (reg 28(4)) and say that a s 24MD(6B) matter has continuing effect as if it had occurred for the purposes of Part 4 despite non-compliance with a Part 4 requirement (reg 28(5)). These mapping and continuity rules are procedural harmonisation measures, aligning specified Commonwealth-native title matters with the State’s Part 4 procedure.

Native Title (State Provisions) Act 1999: The Regulations are expressly made to support specific sections of the State Act, frequently identifying the relevant Act sections by number (for example, the later closing day provisions in ss 2.11(2), 3.9(2) and 4.7(2); the objection provisions ss 2.17, 3.16, 4.11; ministerial determinations ss 2.38(1) and 4.33(1); and others throughout). The Regulations therefore function as subordinate legislation implementing and specifying how the Act’s sections are to operate in practice.

Publishing and media law/administrative law: By requiring advertising in particular types of media (for Part 3 acts) and requiring written reasons for decisions and dismissals (reg 9(b); reg 7; reg 8; reg 12; reg 15), the Regulations intersect with principles of administrative law (procedural fairness and reason-giving) and with media distribution practices. They do not override other publication requirements but incorporate them into the native title notification pipeline.

Financial management and public sector payment processes: The witness fees, travel reimbursements and the requirement for Treasurer-established accounts bring native title processes within State financial management practices. Payment of witness allowances will be performed in accordance with the Commission’s financial procedures governed by the Financial Administration and Audit Act framework (reg 23; Schedule 2).

In sum, the Regulations are designed to fit with existing Western Australian notice mechanisms under the Land Administration Act, the State’s financial management regime under the Financial Administration and Audit Act, and Commonwealth native title processes under the NTA, by mapping and cross-referencing provisions so that State administrative action integrates with those other legal regimes.

The Regulations as presented include a single compilation entry. The compilation table in the instrument records the original Gazette and commencement date only:

Native Title (State Provisions) Regulations 2000, gazetted 4 July 2000, and commenced 4 July 2000 (Compilation table).

No subsequent amendments are listed within the Regulations text provided. The Notes state that this is a compilation of the Native Title (State Provisions) Regulations 2000 and includes the amendments referred to in the following Table, but the compilation table contains only the original instrument. The defined-terms list at the end of the Regulations identifies the single defined term included in the Regulations, representative body area (reg 27(1)).

Where the Regulations reference other legislative instruments (such as the Financial Administration and Audit Act 1985, the Land Administration Act 1997 and provisions of the Native Title (State Provisions) Act 1999 and the Commonwealth NTA), any amendments to those external statutes after 4 July 2000 could affect the operation of the Regulations to the extent the Regulations rely on or reference those statutes. The instrument as presented does not document any such consequential changes or consolidations.

For practitioners, this means that to determine whether the Regulations have been amended since their initial gazettal, or whether any references to external statutes require adjustment, one must consult the consolidated State statute database or Gazette for subsequent amending instruments; the Regulations’ own compilation table provides only the original enactment entry.

The Regulations themselves do not list or refer to any cases, and the text provided contains no references to judicial decisions construing these Regulations. The Forms and notice templates are administrative in nature and the Regulations require certain decision content (written reasons and statements of findings) that would be relevant, in principle, to judicial review proceedings, but the instrument contains no discussion of case law or litigation outcomes.

Because the Regulations are procedural and subordinate to the Native Title (State Provisions) Act 1999, litigation that concerns these matters is more likely to arise under the Act, the Commonwealth Native Title Act, or general administrative law principles (for example, judicial review of decisions for failure to provide adequate reasons or to follow prescribed procedures). The Regulations themselves specify procedural safeguards that would be relevant in any such challenge: obligations to provide reasons (reg 7; reg 8; reg 12; reg 15), specified forms and documentary requirements (Schedule 1; reg 6; reg 14; reg 20), and lodging and service processes (reg 4; reg 11; reg 18; reg 26).

As the Regulations provide no litigation history, practitioners seeking to understand how courts have treated these specific Regulations must look to external legal databases for any cases that reference the Regulations or that consider procedural compliance under the Native Title (State Provisions) Act where the Regulations’ requirements were at issue.

The Regulations contain a number of provisions where procedural missteps can carry practical consequences. These are concrete operational risks and traps for the unwary that arise directly from the text:

Facsimile lodging plus postal follow-up: The Regulations permit objections to be lodged by facsimile transmission (reg 4(2); reg 11(2); reg 18(2)). However, where an objection is lodged by fax the objector must also serve the objection by post on the Government party within seven days of the fax lodgement (reg 4(3); reg 11(3); reg 18(3)). Practitioners should note that a fax transmission alone does not complete the prescribed lodging process; failure to post within the seven-day window risks non-compliance with the Regulation’s service requirement and possible procedural invalidation.

Timing and closing date extensions: Form 1 contains a printed note that objections cannot be lodged after the closing date and refers to the possibility of extension in "exceptional circumstances" by application to the Native Title Commission before the closing date, citing Act sections 2.18, 3.17 and 4.13 (Form 1 note). Relying on an informal extension after the closing date will not comply; any extension application must be made before the closing date to preserve standing.

Staged notification caps and regional allocation: The transitional cap limits the number of acts the Government party can notify in any 14-day period to 200 across the State and further allocates maximums by representative body area (reg 27(2)-(3) and table). Projects or proponents expecting rapid, concentrated notice-giving may be delayed by these caps. There is, however, an aggregation rule: notices in respect of more than one act relating to a proponent in contiguous areas are counted as one act for the purpose of the cap (reg 27(4)). Practitioners should account for the cap and the contiguous-acts aggregation rule in scheduling.

Documentary pre-condition for applications: For specified applications to seek a hearing of an objection, the Regulations require a document setting out endeavours made to resolve the issues (reg 6(1); reg 14(1); reg 20(1)). This is not a free-text suggestion; it is prescribed. Failure to supply that document is a discrete compliance risk and may affect acceptance of the application.

Small but specific fees: The prescribed fee is $100 for each application under the three specified provisions (reg 6(2); reg 14(2); reg 20(2)). The Regulations do not say that fee is waived in any circumstance, nor do they specify alternative fee arrangements. Practitioners should budget for that fee per application filed.

Publication specificity for Part 3 acts: Where the Government party fixes a later closing day for Part 3 acts, the Regulations require notice to be given not only in a State-wide newspaper but also in a newspaper or magazine that caters mainly or exclusively for Aboriginal peoples, circulates in the affected area, and is published at least once a month (reg 9(b)(i)-(iii)). Failure to use an appropriate Aboriginal-focused publication could render the later closing day notice non-compliant.

Form completion obligations: Forms must be completed according to directions and instructions specified in or relating to the form (reg 26). A partially completed form or one completed contrary to the form’s instructions is a compliance risk.

Mandatory content of decisions: The Regulations require dismissal notifications by the Commission and certain ministerial determinations to set out the factual findings on which they are based and to give reasons (reg 7; reg 8; reg 12; reg 15). A decision that lacks these elements will conflict with the Regulations’ explicit content requirement and may be vulnerable to challenge.

Counting of acts for staged notices: Under the transitional regime, multiple acts relating to a proponent in contiguous areas are to be counted as one act for the purposes of the notice cap (reg 27(4)). This rule can be helpful to proponents but requires careful mapping of what counts as contiguous areas and which acts relate to the same proponent.

Witness entitlement thresholds and approval for air travel: Witnesses are entitled to air fares only where the Commission gives prior approval (Schedule 2(2)(3)). Lack of prior approval can mean the Commission will not reimburse air travel, which is an exposure for witnesses and for parties who anticipate calling distant witnesses.

Trust account custody: Amounts held in trust by the Commission must be in a Treasurer-established account under the Financial Administration and Audit Act 1985 (reg 23). Practitioners should confirm the Commission’s procedures for depositing and disbursing trust funds and the timing expectations for such transactions, because the Regulations tie the trust handling to the State’s financial administration regime.

No specified penalty for form non-compliance: Although many procedural requirements are expressed as mandatory, the Regulations rarely specify explicit sanctions for non-compliance. The practical effect is that non-compliance typically manifests as procedural rejection, delay, or exposure to review rather than a defined monetary penalty under the Regulations themselves.

These are practical operational "gotchas": the Regulations rely on precise compliance with form, service, documentary and publication requirements. Practitioners should build checklists to ensure fax-post follow-up, documentary evidence of negotiation attempts, fee payment, correct choice of media for publication, strict adherence to form instructions, and pre-approval for any air travel costs for witnesses.

This section translates the Regulations’ requirements into a pragmatic compliance checklist and workflow for Government parties, objectors, negotiation/consultation parties, registered native title bodies corporate and the Commission.

Notices and later closing days (Government party duties)

If fixing a later closing day under ss 2.11(2), 3.9(2) or 4.7(2) of the Act, publish an advertisement in a newspaper circulating generally throughout the State (reg 2(a); reg 9(a); reg 16(a)).
For Part 3 acts, also place an advertisement in a newspaper or magazine that caters mainly or exclusively for Aboriginal peoples, circulates in the affected area, and is published at least once a month (reg 9(b)(i)-(iii)).
Give written notice of the later closing day to each person who must be notified of the act under the relevant Act section (reg 2(b); reg 9(c); reg 16(b)).
Retain proof of publication dates and copies of the notices for the administrative record.

Lodging objections (objectors)

Use Form 1 in Schedule 1 for objections (reg 4(1); reg 11(1); reg 18(1)). Ensure every relevant box is completed in accordance with any directions appearing on the form (reg 26).
You may fax the objection to the Government party, but you must also serve the objection by post on the Government party within seven days of fax lodgement (reg 4(2)-(3); reg 11(2)-(3); reg 18(2)-(3)). Keep proof of the fax transmission time and of the postage dispatch date.
Expect the Government party to acknowledge receipt; if no acknowledgement is received, follow up promptly (reg 4(4); reg 11(4); reg 18(4)).
Note Form 1’s printed warning: objections cannot be lodged after the closing date. If you need an extension you must apply to the Commission before the closing date, in accordance with the Act (Form 1 note referencing ss 2.18, 3.17, 4.13).

Applying for a hearing/determination of an objection (consultation/negotiation parties)

Use Form 2 (Schedule 1) and lodge it with the Commission (reg 5(1)-(2); reg 13(1)-(2)).
Attach a document that sets out the endeavours you (the consultation/negotiation party) have made, and any other endeavours of which you are aware, to resolve the issues on which the objection is based (reg 6(1); reg 14(1); reg 20(1)). Ensure that the document is specific, dated and indexed to communications or meetings.
Include the prescribed fee of $100 for each application (reg 6(2); reg 14(2); reg 20(2)). Confirm the Commission’s method of payment and receipt mechanism before lodging.
Keep proof of lodging with the Commission and any Commission acknowledgement.

Compensation applications (registered native title bodies corporate)

Use Form 3 (Schedule 1) for applications under s 5.2(4) and lodge with the Commission (reg 21(1)-(2)).
Provide the detailed statement referenced in Form 3 showing the full details of loss/diminution and any compensation already received. Attach Federal Court determination details where applicable (Form 3).

Document and form completion

Fill forms strictly according to the directions and instructions specified in or relating to the form (reg 26). Partial or incorrect completion may be treated as non-compliant.
Where the Regulations require that certain items be "set out" (for instance, grounds for objection in Form 1 or endeavours to resolve in reg 6(1)), provide contemporaneous documentary evidence where possible (emails, minutes of meetings, correspondence logs).

Dealing with Commission and Minister decisions

Recognise that Commission notifications of dismissal and responsible Minister determinations must state findings of fact and give reasons (reg 7; reg 8; reg 12; reg 15). If you receive a notice that lacks these elements, consider requesting clarification or preserving grounds for administrative review.

Witness management

If witnesses are to be summoned, ensure the Commission’s Form 4 can be used to effect the summons (reg 24). Clarify in advance with the Commission whether air travel will receive prior approval if required; air fares require prior approval to be eligible for reimbursement (Schedule 2(2)(3)).
Keep receipts and travel records to support claims for bus/rail fares, kilometre claims at 37.5 cents/km where bus/rail is not reasonably convenient, meal allowances (only where travel exceeds 40 km and departure before 7am), and overnight accommodation up to $90 per day (Schedule 2).

Trust funds and payments

If dealing with monies that the Commission will hold in trust under s 5.9(2) of the Act, be aware those funds will be placed in a Treasurer-established account pursuant to the Financial Administration and Audit Act 1985 (reg 23). Confirm the Commission’s account details and procedures for deposit and withdrawal.

Transitional mining-notice scheduling

For matters subject to the transitional programme for existing mining applications, anticipate staged notices in 14-day cycles consistent with the 200-act State cap and the regional allocations (reg 27(2)-(3) and table). For proponents with contiguous acts, determine whether the acts can be aggregated as one for the cap (reg 27(4)). Coordinate project timelines accordingly.

Mapping Commonwealth s 24MD(6B) matters

For matters arising under s 24MD(6B) of the NTA, track the procedural mapping set out in reg 28: treat such matters as Part 4 acts for State procedural purposes, and process notifications and objections according to the mapped State Act provisions (reg 28(1)-(3)). Verify whether any proceeding that commenced prior to Part 4’s commencement may continue under Part 4 Division 4 (reg 28(4)) and that such matters have continuing effect for Part 4 notwithstanding non-compliance with a Part 4 requirement (reg 28(5)).

Practical tips

Use standardised checklists and document templates so "endeavours to resolve" materials are captured contemporaneously and can be attached without delay.
For fax lodgement, send the fax first and then post immediately; obtain proof of postage and a dated fax header. Retain all acknowledgement communications from the Government party and the Commission.
Budget the $100 fee per application and verify current payment processes with the Commission before lodging.
Confirm the identity and circulation profile of any Aboriginal-targeted publication used for Part 3 notices to ensure it meets the reg 9(b) requirements.
Preserve copies of all public notices, proofs of publication, stamped postal receipts, fax logs and Commission acknowledgements to create an audit trail.

Following these steps will align procedural practice with the Regulations’ prescriptions and reduce the risk of procedural rejection or administrative challenge.

Deep Dive

What it does

Current sections