The
National Native Title Tribunal is an Australian Commonwealth Government agency set up under the Native Title Act 1993 (Cwlth). It is part of the Attorney-General's portfolio and mediates
native titleNative title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
claims under the direction of the
Federal Court of AustraliaThe Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
(FCA). The Court makes determinations on whether native title exists, or not.
On request, the Tribunal assists people in negotiations about proposed developments (future acts), such as mining.
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The
National Native Title Tribunal is an Australian Commonwealth Government agency set up under the Native Title Act 1993 (Cwlth). It is part of the Attorney-General's portfolio and mediates
native titleNative title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
claims under the direction of the
Federal Court of AustraliaThe Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
(FCA). The Court makes determinations on whether native title exists, or not.
On request, the Tribunal assists people in negotiations about proposed developments (future acts), such as mining. The Tribunal acts as an arbitrator or umpire in some situations where the people involved cannot reach agreement about proposed developments. The Tribunal also assists people who want to negotiate other sorts of agreements, such as indigenous land use agreements.
Functions
Under the Native Title Act 1993, the Registrar has specific functions that include:
- the application of the registration test to native title claimant applications
- the maintenance of the Register of Native Title Claims, the National Native Title Register and the Register of Indigenous Land Use Agreements and provide public access to these registers
- the processing of applications for the registration of indigenous land use agreements
- the provision of assistance to applicants and other people involved in native title proceedings, and
- the notification to specified people, organisations and governments of native title applications and indigenous land use agreements.
Provision of assistance
The Tribunal is an independent source of information and assistance for everyone involved in native title. It has Registries in
AdelaideAdelaide is the capital and most populous city of the Australian state of South Australia, and is the fifth-largest city in Australia, with a population of more than 1.1 million. It is a coastal city situated on the eastern shores of Gulf St. Vincent, on the Adelaide Plains, north of the Fleurieu...
,
BrisbaneBrisbane is the state capital of the Australian state of Queensland and is the largest city in that state. With an estimated population of approximately 2 million, it is also the third most populous city in Australia....
, Cairns,
DarwinDarwin is the capital city of the Northern Territory, Australia. Situated on the Timor Sea, Darwin has a population of 120,652, making it by far the largest and most populated city in the sparsely populated Northern Territory, but the least populous of all Australia's capital cities...
,
MelbourneMelbourne is the capital city and most populous city of the State of Victoria, and the second most populous city in Australia. The Melbourne city centre is the anchor of the larger geographical area and statistical division known as the Greater Melbourne metropolitan area – of which Melbourne is...
,
PerthPerth is the capital and largest city of the Australian state of Western Australia. With a population of 1,650,000 , Perth ranks fourth amongst the nation's cities, with a growth rate consistently above the national average....
and
SydneySydney is the largest city in Australia, and the state capital of New South Wales. Sydney has a metropolitan area population of approximately 4.34 million and an area of approximately 12,000 square kilometres. Its inhabitants are called Sydneysiders, and Sydney is often called "the Harbour City"...
. The Tribunal is not a court and does not decide whether native title exists or not. It brings stakeholders together so they can explore ways to reach agreements about native title.
See also
- Aboriginal land claims
Aboriginal land claims are claims of Native or Aboriginal peoples about their right of ownership of the land they inhabited before the arrival of settlers, primarily Europeans....
- Mabo
Mabo may refer to:*Mabo, Togo, a village in Togo*Eddie Mabo, a man from the Torres Strait Islands who fought a court case, attempting to assert a legal title over his tribe's traditional lands...
- Wik Peoples v Queensland
Wik Peoples v The State of Queensland is a decision of the High Court of Australia delivered on 23 December 1996 on whether statutory leases extinguish native title rights. The court found that the statutory pastoral leases under consideration by the court did not bestow rights of exclusive...
- Native Title
Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
- Estates in land
- Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
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