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NATIVE TITLE ACT 1993 - SECT 253

Other definitions

                   Unless the contrary intention appears:

"Aboriginal peoples" means peoples of the Aboriginal race of Australia.

"Aboriginal/Torres Strait Islander land or waters" means land or waters held by or for the benefit of Aboriginal peoples or Torres Strait Islanders under:

                     (a)  any of the following laws of the Commonwealth:

                              (i)  the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 ;

                             (ii)  the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 ;

                            (iii)  the Aboriginal Land Rights (Northern Territory) Act 1976 ; or

                     (b)  any of the following laws of South Australia:

                              (i)  the Aboriginal Lands Trust Act 1966 ;

                             (ii)  the Maralinga Tjarutja Land Rights Act 1984 ;

                            (iii)  the Pitjantjatjara Land Rights Act 1981 ; or

                     (c)  any other law, or part of a law, prescribed for the purposes of the provision in which the expression is used.

"agent prescribed body corporate" , in relation to native title rights and interests, means:

                     (a)  a prescribed body corporate that is determined under section 57 in relation to the native title; or

                     (b)  a prescribed body corporate that, under regulations made for the purposes of paragraph 56(4)(e), is to perform the functions referred to in subsection 57(3) in relation to the native title; or

                     (c)  a prescribed body corporate that replaces, under regulations made for the purposes of section 60:

                              (i)  a prescribed body corporate referred to in paragraph (a) or (b); or

                             (ii)  a prescribed body corporate that is an agent prescribed body corporate in relation to the native title because of an earlier application of this paragraph.

"applicant" has a meaning affected by subsection 61(2).

"approved determination of native title" has the meaning given by subsections 13(3), (4) and (7).

"arbitral body" has the meaning given by section 27.

"assessor" means an assessor appointed under Part VA of the Federal Court of Australia Act 1976 .

"authorise" :

                     (a)  in relation to the making of indigenous land area agreements--has the meaning given by subsection 251A(1); and

                     (b)  in relation to the making of native title determination applications or compensation applications, and dealing with matters arising in relation to such applications--has the meaning given by section 251B.

"Chief Justice" means the Chief Justice of the Federal Court of Australia.

"claimant application" means a native title determination application that a native title claim group has authorised to be made, and, unless the contrary intention appears, includes such an application that has been amended.

"coastal sea" has the meaning given by subsection 15B(4) of the Acts Interpretation Act 1901 .

"common law holders" has the meaning given by section 56.

"Commonwealth Minister" means the Minister applicable, in relation to the provision in which the expression is used, under section 19 of the Acts Interpretation Act 1901 .

"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .

"explore" includes:

                     (a)  conduct a geological, geophysical or geochemical survey; or

                     (b)  take samples for the purpose of analysis.

"Federal Court" means the Federal Court of Australia.

"Federal Court Chief Executive Officer" means the Chief Executive Officer and Principal Registrar of the Federal Court.

"Federal Court Registrar" means the Federal Court Chief Executive Officer or a Registrar, District Registrar or Deputy District Registrar of the Federal Court.

"forest operations" means:

                     (a)  the planting or tending, in a plantation or forest, of trees intended for felling; or

                     (b)  the felling of such trees.

"former judge" means a person who has been a Justice of the High Court or a judge of another federal court or of the Supreme Court of a State or Territory.

"Government party" has the meaning given by subsection 26(1).

"grantee party" has the meaning given by paragraph 29(2)(c).

"horticulture" includes:

                     (a)  propagation or maintenance, as well as cultivation; or

                     (b)  propagation, maintenance or cultivation of seeds, bulbs, spores or similar things; or

                     (c)  propagation, maintenance or cultivation of fungi; or

                     (d)  propagation, maintenance or cultivation in environments other than soil, whether natural or artificial.

"indigenous land use agreement" has the meaning given by sections 24BA, 24CA and 24DA.

"infrastructure facility" includes any of the following:

                     (a)  a road, railway, bridge or other transport facility;

                     (b)  a jetty or port;

                     (c)  an airport or landing strip;

                     (d)  an electricity generation, transmission or distribution facility;

                     (e)  a storage, distribution or gathering or other transmission facility for:

                              (i)  oil or gas; or

                             (ii)  derivatives of oil or gas;

                      (f)  a storage or transportation facility for coal, any other mineral or any mineral concentrate;

                     (g)  a dam, pipeline, channel or other water management, distribution or reticulation facility;

                     (h)  a cable, antenna, tower or other communication facility;

                      (i)  any other thing that is similar to any or all of the things mentioned in paragraphs (a) to (h) and that the Commonwealth Minister determines, by legislative instrument, to be an infrastructure facility for the purposes of this paragraph.

"interest" , in relation to land or waters, means:

                     (a)  a legal or equitable estate or interest in the land or waters; or

                     (b)  any other right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with:

                              (i)  the land or waters; or

                             (ii)  an estate or interest in the land or waters; or

                     (c)  a restriction on the use of the land or waters, whether or not annexed to other land or waters.

"Judge" means a Judge of the Federal Court.

"jurisdictional limits" means:

                     (a)  in relation to a State--the area within:

                              (i)  the limits of the State; or

                             (ii)  the coastal waters of the State (within the meaning of the Coastal Waters (State Powers) Act 1980 ); or

                     (b)  in relation to the Northern Territory--the area within:

                              (i)  the limits of the Territory; or

                             (ii)  the coastal waters of the Territory (within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980 ); or

                     (c)  in relation to any other Territory--the area within the limits of the Territory.

"land" includes the airspace over, or subsoil under, land, but does not include waters.

Note 1:       Because of the definition of waters , not only rivers and lakes etc., but also such things as the bed or subsoil under, and airspace over, rivers and lakes etc. will not be included in land .

Note 2:       Because of the definition of waters , the area between high water and low water will not be included in land .

"major earthworks" means earthworks (other than in the course of mining) whose construction causes major disturbance to the land, or to the bed or subsoil under waters.

"mediator" means:

                     (a)  in relation to an application--the person or body to which the application has been referred under subsection 86B(1) for mediation; or

                     (b)  in relation to the whole or a part of a proceeding--the person or body to which the whole or the part of the proceeding has been referred under subsection 86B(5) for mediation.

"member" means a member of the Tribunal.

"mine" includes:

                     (a)  explore or prospect for things that may be mined (including things covered by that expression because of paragraphs (b) and (c)); or

                     (b)  extract petroleum or gas from land or from the bed or subsoil under waters; or

                     (c)  quarry;

but does not include extract, obtain or remove sand, gravel, rocks or soil from the natural surface of land, or of the bed beneath waters, for a purpose other than:

                     (d)  extracting, producing or refining minerals from the sand, gravel, rocks or soil; or

                     (e)  processing the sand, gravel, rocks or soil by non-mechanical means.

"National Native Title Register" means the register established and maintained under Part 8.

"National Native Title Tribunal or NNTT" means the National Native Title Tribunal established under Part 6.

"native title application inquiry" has the meaning given by section 138C.

"native title claim group" means:

                     (a)  in relation to a claim in an application for a determination of native title made to the Federal Court--the native title claim group mentioned in relation to the application in the table in subsection 61(1); or

                     (b)  in relation to a claim in an application for an approved determination of native title made to a recognised State/Territory body--the person or persons making the claim, or on whose behalf the claim is made.

"native title party" has the meaning given by paragraphs 29(2)(a) and (b) and section 30.

"Native Title Registrar" means the Native Title Registrar appointed under Part 5.

"negotiation party" has the meaning given by section 30A.

"non-claimant application" means a native title determination application that is not a claimant application.

"non-presidential member" means a member who, in accordance with the table in subsection 110(1), is of the non-presidential class.

"offshore place" means any land or waters to which this Act extends, other than land or waters in an onshore place.

"onshore place" means land or waters within the limits of a State or Territory to which this Act extends.

"ordinary title" , in relation to an onshore place that is land, means:

                     (a)  if the land is not in the Australian Capital Territory or the Jervis Bay Territory--a freehold estate in fee simple in the land other than such an estate granted by or under a law that grants such estates only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

                     (b)  if the land is in the Australian Capital Territory or the Jervis Bay Territory--a lease over the land granted by or on behalf of the Commonwealth under a law of the Commonwealth or of the Territory, other than a lease granted by or under a law that grants such leases only to or for the benefit of Aboriginal peoples or Torres Strait Islanders.

paragraph 51(xxxi) acquisition of property means an acquisition of property within the meaning of paragraph 51(xxxi) of the Constitution.

paragraph 51(xxxi) just terms means just terms within the meaning of paragraph 51(xxxi) of the Constitution.

"person conducting the mediation" means the person mentioned in subsection 94D(2) who conducts a conference under section 94D in relation to the mediation concerned.

"prescribed" means prescribed by the regulations.

"President" means the President of the Tribunal.

"presidential member" means a member who, in accordance with the table in section 110, is of the presidential class.

"procedural right" , in relation to an act, means:

                     (a)  a right to be notified of the act; or

                     (b)  a right to object to the act; or

                     (c)  any other right that is available as part of the procedures that are to be followed when it is proposed to do the act.

"public education facilities " means education facilities operated by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities.

"public health facilities " means health facilities operated by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities.

"public housing " means housing operated by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities.

"public work" means:

                     (a)  any of the following that is constructed or established by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities:

                              (i)  a building, or other structure (including a memorial), that is a fixture; or

                             (ii)  a road, railway or bridge; or

                           (iia)  where the expression is used in or for the purposes of Division 2 or 2A of Part 2--a stock-route; or

                            (iii)  a well, or bore, for obtaining water; or

                            (iv)  any major earthworks; or

                     (b)  a building that is constructed with the authority of the Crown, other than on a lease.

Note:          In addition, section 251D deals with land or waters relating to public works.

"recognised State/Territory body" means a court, office, tribunal or body in relation to which a determination under section 207A is in force.

"registered native title body corporate" means:

                     (a)  a prescribed body corporate whose name and address are registered on the National Native Title Register under paragraph 193(2)(e) or subsection 193(4); or

                     (b)  a body corporate whose name and address are registered on the National Native Title Register under paragraph 193(2)(f).

"registered native title claimant" , in relation to land or waters, means a person or persons whose name or names appear in an entry on the Register of Native Title Claims as the applicant in relation to a claim to hold native title in relation to the land or waters.

"Register of Indigenous Land Use Agreements" means the register established and maintained under Part 8A.

Register of Native Title Claims means the Register established and maintained in accordance with Part 7.

"Registrar" means the Native Title Registrar.

"representative Aboriginal/Torres Strait Islander body" means a body that is recognised under section 203AD.

"representative body" means a representative Aboriginal/Torres Strait Islander body.

"right to negotiate application" has the meaning given by paragraph 139(b).

"special matter" has the meaning given by paragraph 139(1)(c).

"State Minister" , in relation to a State, means:

                     (a)  if there is no nomination under paragraph (b)--the Premier of the State; or

                     (b)  a Minister of the Crown of the State nominated in writing given to the Commonwealth Minister by the Premier for the purposes of this definition.

"statutory authority" , in relation to the Crown in right of the Commonwealth, a State or a Territory, means any authority or body (including a corporation sole) established by a law of the Commonwealth, the State or Territory other than a general law allowing incorporation as a company or body corporate.

subject to section 24FA protection has the meaning given by Subdivision F of Division 3 of Part 2.

subsection 24DJ(1) objection application has the meaning given by paragraph 139(d).

"Territory Minister" , in relation to a Territory, means:

                     (a)  if there is no nomination under paragraph (b)--the Chief Minister of the Territory; or

                     (b)  a Minister of the Territory nominated in writing given to the Commonwealth Minister by the Chief Minister for the purposes of this definition.

"Torres Strait Islander" means a descendant of an indigenous inhabitant of the Torres Strait Islands.

"Tribunal" means the National Native Title Tribunal.

"valid" includes having full force and effect.

"waters" includes:

                     (a)  sea, a river, a lake, a tidal inlet, a bay, an estuary, a harbour or subterranean waters; or

                     (b)  the bed or subsoil under, or airspace over, any waters (including waters mentioned in paragraph (a)); or

                     (c)  the shore, or subsoil under or airspace over the shore, between high water and low water.




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