Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL NATIVE TITLE TRIBUNAL REGULATIONS (AMENDMENT) 1995 NO. 420

STATUTORY RULES 1995 No. 420

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

NATIVE TITLE ACT 1993

NATIONAL NATIVE TITLE TRIBUNAL REGULATIONS (AMENDMENT)

Subsection 215(1) of the Native Title Act 1993 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Act or necessary or convenient to be prescribed for giving effect to the Act. Subsection 215(2) of the Act provides that regulations may make provision prescribing fees to be paid in relation to applications to the Registrar.

Section 61 of the Act provides for native title and compensation applications to be made to the Native Title Registrar. Subsection 62(2) provides that any application under section 61 must be accompanied by any prescribed fee. Section 75 of the Act provides for "right to negotiate" applications to be made to the Registrar. Section 76 provides that any application made under section 75 must be accompanied by any prescribed fee.

Regulation 7 of the National Native Title Regulations provides for fees for lodgment of applications. It provides that for the purposes of subsection 62(2) and section 76 of the Act a fee of $300 is prescribed.

When the National Native Title Tribunal began, in 1994, the fees for lodgment of applications were set to be the same as the application fee in the Administrative Appeals Tribunal (AAT) -that is $300.

The application fee in the AAT has not been increased since 1989. Proposed Regulations, to commence on 1 January 1996, will increase the application fee in the AAT, in accordance with consumer price index increases since 1989.

The purpose of these Regulations is to provide for an increase in the fees for lodgment of applications in the National Native Title Tribunal so that these fees will remain equal to the application fee in the AAT. Details of the Regulations are as follows:

Regulation 1 - Commencement

Regulation 1 provides for these Rules to commence on 1 January 1996.

Regulation 2 - Amendment Regulation 2 provides for the National Native Tide Tribunal Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 7 (lodgment of applications - fees)

Regulation 3 omits $300 and substitutes $368.

The Rules commence on 1 January 1996.