Evaluation of amendments to the Native Title Act 1993 made by the Native Title Legislation Amendment Act 2021

In some circumstances, the Native Title Act 1993 (Native Title Act) allows the historical extinguishment of native title to be disregarded so that native title can be recognised. Schedule 3 extended the areas in which prior extinguishment can be disregarded to include areas of national, state or territory parks where there is agreement with the relevant Australian, state or territory government. This was done through the insertion of section 47C with the intention to expand the areas where native title can be recognised. The intention was also to allow existing determinations to be re-opened to obtain the benefit of this new section by way of a revised native title determination application under sections 13(1)(b) and 13(5) of the Native Title Act.

Schedule 3 also amended section 47 with the intention to clarify its application to corporate entities controlled by native title claimants.