NATIVE TITLE (STATE PROVISIONS) ACT 1999

Western Australian Current Acts

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NATIVE TITLE (STATE PROVISIONS) ACT 1999

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1.1. Short title
1.2. Commencement
1.3. Objects
1.4. Act binds the Crown
1.5. Interpretation
1.6. Performance of certain functions on behalf of Minister
1.7. Replacement of person as objector etc.
1.8. Objector ceasing to be a registered native title claimant

PART 2 -- Consultation procedures for alternative provision areas

Division 1 -- Preliminary

2.1. Definitions
2.2. Request for determination under section 43A of the NTA
2.3. Transitional provisions
2.4. Object of this Part

Division 2 -- Relevant future acts and their validity

2.5. Acts to which this Part applies
2.6. Circumstances in which act is not valid
2.7. Part 3 may be applied to a Part 2 act
2.8. Other statutory requirements not affected

Division 3 -- Notices and objections

2.9. Proponent where act relates to mining
2.10. Identification of proponents in other cases
2.11. Closing day for objections
2.12. Notification of acts
2.13. Further provision as to notices
2.14. Who gives notice
2.15. Prescribed provisions about notice
2.16. Right to object to doing of act
2.17. Requirements for objections
2.18. Time limit
2.19. Government party to notify the Commission of objections
2.20. Withdrawal of request etc. by proponent
2.21. Withdrawal of proposal by Government party

Division 4 -- Consultation and agreements

2.22. Meaning of “consultation parties”
2.23. Consultation
2.24. Involvement of Commission, including mediation
2.25. Withdrawal of objection
2.26. Agreement made by parties

Division 5 -- Recommendations of the Commission

2.27. Commission may notify intention to hear
2.28. Consultations may continue
2.29. Dismissal of objections
2.30. Time for making recommendation
2.31. No recommendation if agreement etc.
2.32. Making of recommendation
2.33. Criteria for making recommendations
2.34. Issues on which parties agree
2.35. Copy of recommendation to be given
2.36. Effect of recommendation
2.37. Effect of recommendation that specifies conditions

Division 6 -- Overruling of recommendations

2.38. Responsible Minister may overrule a recommendation
2.39. Determinations that responsible Minister may make
2.40. Consultation before making of determination
2.41. Ground on which determination may be made
2.42. Conditions in determination
2.43. Copy of determination to be laid before Parliament
2.44. Responsible Minister may declare intention not to overrule

Division 7 -- Applications

2.45. Definition
2.46. Form and contents of application
2.47. Material and fees to accompany applications
2.48. Application fee may be waived

Division 8 -- Judicial review

2.49. Application for review
2.50. Time limit for application
2.51. Procedure
2.52. Grounds on which application may be made
2.53. Powers of Court
2.54. Effect on other remedies

PART 3 -- Right to negotiate procedures for areas not covered by Part 2

Division 1 -- Preliminary

3.1. Request for determination under section 43(1)(b) of the NTA
3.2. Transitional provisions
3.3. Object of this Part

Division 2 -- Relevant future acts and their validity

3.4. Acts to which this Part applies
3.5. Circumstances in which act is not valid
3.6. Other statutory requirements not affected

Division 3 -- Notices and objections

3.7. Proponent where act relates to mining
3.8. Identification of proponents in other cases
3.9. Closing day for objections
3.10. Notification of acts
3.11. Further provision as to notices
3.12. Notice may relate to 2 or more acts
3.13. Who gives notice
3.14. Prescribed provisions about notice
3.15. Right to object to doing of act
3.16. Requirements for objections
3.17. Time limit
3.18. Government party to notify the Commission of objections
3.19. Withdrawal of request etc. by proponent
3.20. Withdrawal of proposal by Government party

Division 4 -- Negotiations and agreements

3.21. Meaning of “negotiation parties”
3.22. Negotiations
3.23. Involvement of Commission, including mediation
3.24. Withdrawal of objection
3.25. Agreement made by parties
3.26. Commission’s function in respect of an agreement
3.27. Effect of conditional agreement

Division 5 -- Determinations

Subdivision 1 -- Ministerial determination where Commission determination unreasonably delayed

3.28. Responsible Minister may give Commission notice as to urgency
3.29. Responsible Minister may make determination
3.30. Grounds for making determination
3.31. Consultation with Commonwealth Minister
3.32. Notice and submissions etc.
3.33. Material etc. taken into account
3.34. Minister’s power not limited
3.35. No duty to make determination
3.36. Conditions to have contractual effect
3.37. Copy of determination to be given
3.38. Copy of determination to be laid before Parliament

Subdivision 2 -- Determination by Commission

3.39. Commission may notify intention to hear
3.40. Negotiations may continue
3.41. Dismissal of objections
3.42. Time for making determination
3.43. No determination if agreement etc.
3.44. Making of determination
3.45. Criteria for making determinations
3.46. Issues on which parties agree
3.47. Determination may provide for issues to be resolved later
3.48. No reopening of certain issues previously decided
3.49. Copy of determination to be given
3.50. Effect of conditional determination

Division 6 -- Overruling of Commission’s determination

3.51. Responsible Minister may overrule
3.52. Declarations that responsible Minister may make
3.53. Grounds on which declaration may be made
3.54. Conditions in declaration
3.55. Copy of declaration to be laid before Parliament
3.56. Responsible Minister may declare intention not to overrule

Division 7 -- Applications

3.57. Definition
3.58. Form and contents of application
3.59. Material and fees to accompany applications
3.60. Application fee may be waived

PART 4 -- Consultation procedures for acts to which section 24MD(6B) of the NTA applies

Division 1 -- Preliminary

4.1. Object of this PART
4.2. Acts to which this Part applies
4.3. Requirements to be satisfied before a Part 4 act is done
4.4. Other statutory requirements not affected

Division 2 -- Notices and objections

4.5. Proponent where act relates to mining
4.6. Identification of proponents in other cases
4.7. Closing day for objections
4.8. Notification of acts by Government party
4.9. Further provision as to notices
4.10. Prescribed provisions about notice
4.11. Right to object to doing of act
4.12. Requirements for objections
4.13. Time limit
4.14. Government party to notify the Commission of objections
4.15. Withdrawal of request etc. by proponent
4.16. Withdrawal of proposal by Government party

Division 3 -- Consultation and agreements

4.17. Meaning of “consultation parties”
4.18. Consultation
4.19. Involvement of Commission, including mediation
4.20. Withdrawal of objection
4.21. Agreement made by parties

Division 4 -- Recommendations of the Commission

4.22. Commission may notify intention to hear
4.23. Consultations may continue
4.24. Dismissal of objections
4.25. Time for making recommendation
4.26. No recommendation if agreement etc.
4.27. Making of recommendation
4.28. Criteria for making recommendations
4.29. Issues on which parties agree
4.30. Copy of recommendation to be given
4.31. Effect of recommendation
4.32. Effect of recommendation that specifies conditions

Division 5 -- Overruling of recommendations

4.33. Responsible Minister may overrule a recommendation
4.34. Determinations that responsible Minister may make
4.35. Consultation before making of determination
4.36. Ground on which determination may be made
4.37. Conditions in determination
4.38. Copy of determination to be laid before Parliament
4.39. Responsible Minister may declare intention not to overrule

Division 6 -- Applications

4.40. Definition
4.41. Form and contents of application
4.42. Material and fees to accompany applications
4.43. Application fee may be waived

PART 5 -- Provisions relating to compensation

Division 1 -- Preliminary

5.1. Definition

Division 2 -- Determination of compensation

5.2. Commission to determine compensation for certain acts
5.3. Parties may agree on compensation
5.4. Enforcement of order for compensation

Division 3 -- Principles to be applied in the determination of compensation

5.5. No multiple compensation for essentially same act
5.6. Compensation principles to be as for ordinary title
5.7. Compensation to be monetary
5.8. Requests for non-monetary compensation

Division 4 -- Determination of amounts to be held in trust and payment of those amounts

5.9. Conditions for payment of amounts to be held in trust
5.10. How amounts held in trust to be dealt with
5.11. Section 5.10(a) or (b) cases
5.12. Section 5.10(c) cases
5.13. Section 5.10(d) cases where monetary compensation
5.14. Section 5.10(d) cases where non-monetary compensation
5.15. Section 5.10(d) cases where no compensation
5.16. Section 5.10(e) cases
5.17. Jurisdiction of the Commission under this Division

PART 6 -- Native Title Commission

Division 1 -- Commission established

6.1. Establishment of Commission
6.2. Functions of Commission
6.3. Requirements for fairness etc. to be observed
6.4. Membership of the Commission
6.5. Eligibility for appointment as Chief Commissioner
6.6. Appointment of member of NNTT
6.7. Qualifications for appointment
6.8. Ordinary members, notice of proposed appointment
6.9. Administrative functions of Chief Commissioner
6.10. Authorization of Chief Commissioner for purposes of section 199F of the NTA
6.11. Delegation to members
6.12. Other provisions relating to members

Division 2 -- Staff of the Commission

6.13. Use of government staff etc.
6.14. Consultants

Division 3 -- Operation of Commission

Subdivision 1 -- How Commission to be constituted

6.15. General position
6.16. Constitution of Commission for the performance of certain functions
6.17. Concurrent operations

Subdivision 2 -- Arrangement of business

6.18. Arrangement of business of the Commission
6.19. Unavailability of member
6.20. Completion of part-heard proceedings

Subdivision 3 -- Hearings

6.21. Commission to hold hearings
6.22. Commission may determine whether matters are to be grouped together
6.23. Opportunity to make submissions
6.24. Questions to be decided by majority
6.25. Representation before Commission
6.26. Participation by telephone, etc.
6.27. Hearings normally to be public

Subdivision 4 -- Evidence and information

6.28. Evidence and findings of other bodies
6.29. Commission may prohibit disclosure of evidence
6.30. Power of Commission to summon
6.31. Power of Commission to take evidence
6.32. Power of the Commission to require answers
6.33. Commission may authorize another person to take evidence
6.34. Interpreters
6.35. Retention and copying of documents

Subdivision 5 -- Recommendations and determinations

6.36. Recommendations and determinations

Division 4 -- Financial provisions

6.37. Funds for carrying out this Act
6.38. Native Title Commission Account
6.39. Application of Financial Administration and Audit Act 1985

Division 5 -- General

6.40. Communication of information in certain cases
6.41. Reference of question of law to the Supreme Court
6.42. Offences
6.43. Disclosure of interests
6.44. Protection of members and persons appearing before the Commission
6.45. Confidentiality

PART 7 -- Miscellaneous

7.1. Regulations
7.2. Review of Act
7.3. Consequential amendments
7.4. Transitional provisions
SCHEDULE 1 -- Provisions relating to members of the Commission
SCHEDULE 2 -- Consequential amendments
SCHEDULE 3 -- Transitional provisions

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