Review of sunsetting instruments under the Native Title Act 1993

Closed 3 Apr 2023

Opened 3 Mar 2023

Contact

native.title@ag.gov.au

Feedback updated 18 May 2023

We asked

As part of our review of 4 sunsetting legislative instruments under the Native Title Act 1993 (Cth), we sought stakeholder feedback on the operation of and potential changes to the instruments.

The 4 sunsetting instruments are:

  • Native Title (Tribunal) Regulations 1993
  • Native Title (Notices) Determination 2011 (No. 1)
  • Native Title (Federal Court) Regulations 1998
  • Native Title (Indigenous Land Use Agreements) Regulations 1999

You said

We received 4 responses to the consultation. We thank everyone who took the time to provide us with their feedback. The responses included helpful, technical suggestions to aid the implementation of the proposed changes, as well as useful insights into the operation of the instruments in their current form.

We did

We are using the feedback received to inform proposed changes to the instruments, and are workshopping the suggestions received with key stakeholders. The instruments are due to sunset on 1 October 2023.

Published responses

View submitted responses where consent has been given to publish the response.

Overview

We are conducting a review of 4 legislative instruments made under the Native Title Act 1993 (Cth) (NT Act), which are due to sunset on 1 October 2023. These instruments are:

The instruments support native title application and agreement-making mechanisms through prescribing court and tribunal forms and fees, as well as prescribing procedural and notice requirements for applications. In doing so, the instruments provide an interface between native title applicants/ holders and the native title system.

As part of this review, we have gathered preliminary feedback from key native title stakeholders on whether the instruments remain fit-for-purpose, as well as possible reform options that we can achieve by amending the instruments.

We have developed a consultation paper informed by this preliminary feedback. We invite written submissions that address the questions and themes in this consultation paper.

The review will assess whether the instruments continue to be fit-for-purpose, and examine options to improve and streamline processes for stakeholders. The review will also consider whether amendments to the NT Act are required to implement further amendments to the instruments. This review will not examine options for broader reform of the NT Act (any submissions that cover broader reforms will be reviewed by the department but will not be considered within this review).

Why we are consulting

We are seeking feedback and input from native title stakeholders to inform our review of the instruments. We will use this feedback to assess and implement possible amendments to the instruments that better support the efficient operation of the native title system, before the instruments are due to sunset on 1 October 2023.

Who we want to hear from

While the consultation is open to all members of the public, we are particularly interested to hear from native title stakeholders. This may include:

  • native title applicants/ holders
  • native title representative bodies
  • registered native title bodies corporate or prescribed bodies corporate.

Interests

  • Legislation
  • Native title