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Chapter 3
State and Territory Legislation – s.206(d)(ii)
Alternative Provisions
3.1 Pursuant to the amended Native Title Act 1993, States and
Territories may provide by legislation for alternative provisions concerning
'future acts', s.25(5), under State and Territory bodies (ss.43, 43A).
States and Territories may also provide under s.22F for the validation
of 'intermediate period acts': those from 1 January 1994 (when the Native
Title Act 1993 commenced) until 23 December 1996 (when the Wik
decision was handed down).
3.2 In response to the amended Act the current (March 1999) circumstances
for each State and Territory are understood to be as follows.
New South Wales
- No proposal for State body.
- Validation legislation: Native Title (NSW) Amendment Act 1998 introduced
15 September; passed both houses 23 September; entered into force on
30 September. However, the provisions of the Act concerning low impact
exploration (intended to implement s.26A of the Native Title Act
1993) have not yet come into force, pending approval by the Commonwealth.
Victoria
- No proposal for State body.
- Validation legislation: Land Titles Validation (Amendment) Act
1998 introduced lower house 27 October 1998, passed 12 November
1998; introduced upper house 12 November 1998, passed 18 November 1998;
Assent: 24 November 1998.
South Australia
- State body created pursuant to Native Title (South Australia) Act
1994 in satisfaction of criteria specified in s.251 of the original
Native Title Act 1993 which continues pursuant to Schedule 5
Part 5 of the Native Title Act 1993; Notes Table A Item 14 Subitem
(8).
- Validation legislation: Statutes Amendment (Native Title No.2) Bill
1998 introduced on 10 December 1998.
Tasmania
- No proposal for State body.
- Validation legislation: no proposal.
Queensland
- State body proposed: Land and Resources Tribunal Bill 1998 introduced
19 November; currently on notice paper.
- Validation legislation: Native Title (Queensland) State Provisions
Act 1998; introduced 30 July; passed 26 August; Assent 3 September;
commenced 30 September; and Native Title (Queensland) State Provisions
Amendment Act (No2) 1998 introduced 21 October; passed 11 November;
Assent: 27 November 1998.
Western Australia
- State body proposed: Native Title (State Provisions) Bill 1998 and
the Acts Amendment (Land Administration, Mining and Petroleum) Bill
1998 introduced into lower house 15 October 1998, amended and passed
by the lower house on 26 November 1998 for the Native Title (State Provisions)
Bill 1998 and 1 December 1998 for the Acts Amendment (Land Administration,
Mining and Petroleum) Bill 1998. Introduced into upper house
on 1 December 1998 and referred to upper house select committee on 2
December 1998. The Committee reported on 10 December 1998; Bills currently
on upper house notice paper.
- Validation legislation: Titles Validation Amendment Bill 1998 introduced
into lower house on 15 October 1998; amended and passed by lower house
on 12 November 1998, introduced into upper house on 17 November 1998,
referred to upper house select committee on 2 December 1998, Committee
reported on 10 December 1998, debate recommenced on 16 December 1998.
Northern Territory
- Territory Tribunal to provide for consultation over mining activity.
Legislation: Lands and Mining Tribunal Act 1998 introduced 13
August 1998; passed 19 August 1998; Assent 28 August 1998, and the Lands
and Mining (Miscellaneous Amendments) Act 1998 introduced 15 October
1998; passed 3 December 1998; Assent 23 December 1998. On 2 March 1999
the Commonwealth Attorney-General invited submissions about this legislation.
- Validation legislation (various) including the Validation of Titles
and Actions Amendment Bill 1998: introduced 13 August 1998; becoming
the Validation (Native Title) Act 1998 passed 19 August 1998;
Assent: 28 August 1998.
ACT
- No proposal for Territory body.
- Validation legislation: no legislation introduced.
The Committee's Duty
3.3 Pursuant to s.206(d)(ii) of the Act, the Committee has the duty to
report on the extent to which there are recognised State/Territory bodies.
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