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Queensland
NATIVE TITLE
(QUEENSLAND)
AMENDMENT BILL 1994
Queensland
NATIVE TITLE (QUEENSLAND)
AMENDMENT BILL 1994
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new s 144B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
144B Valid previous acts by State extinguish native title . . . . . . . . . . . . . 4
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 5
AMENDMENTS CONSEQUENTIAL ON AMENDMENTS OF
THE COMMONWEALTH NATIVE TITLE BILL 1993 IN THE
COMMONWEALTH PARLIAMENT
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 17
OTHER MINOR AMENDMENTS
1994
A BILL
FOR
An Act to amend the Native Title (Queensland) Act 1993
s1 4 s3
Native Title (Queensland) Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Native Title (Queensland) Amendment Act 3
1994. 4
Act 5
Amended
Clause 2. The Native Title (Queensland) Act 1993 is amended in this Act. 6
of new s 144B 7
Insertion
Clause 3. Before section 145-- 8
insert-- 9
previous acts by State extinguish native title 10
`Valid
`144B.(1) In this section-- 11
"previous act" means an act attributable to the State-- 12
(a) that took place at any time before 1 January 1994; and 13
(b) that, apart from the Commonwealth Native Title Act and this Act, 14
is not invalid to any extent irrespective of the existence of native 15
title. 16
`(2) To remove any doubt, native title for land or waters was 17
extinguished by a previous act that was inconsistent with the continued 18
existence, enjoyment or exercise of native title rights and interests for the 19
land or waters. 20
21
Example of extinguishment of native title--
22
Issue of pastoral leases under and within the meaning of the Pastoral Leases Act
23
1869, Crown Lands Act 1884, Land Act 1902, Land Act 1910 or Land Act 1962 .'.
5
Native Title (Queensland) Amendment
CHEDULE 1 1
¡S
AMENDMENTS CONSEQUENTIAL ON 2
AMENDMENTS OF THE COMMONWEALTH 3
NATIVE TITLE BILL 1993 IN THE 4
COMMONWEALTH PARLIAMENT 5
section 2 6
1. Section 4, definitions "compensation application" and "registered 7
native title holder"-- 8
omit. 9
2. Section 4-- 10
insert-- 11
` "compensation application" means an application made under 12
section 29 (Native title and compensation applications) for the 13
determination of compensation. 14
"registered native title body corporate" means the relevant prescribed 15
body corporate whose name and address is registered on the Native 16
Title Register under section 137(4)(d)(iii).'. 17
3. Section 4, definition "revised native title determination application", 18
`12(5)'-- 19
omit, insert-- 20
`13(5)'. 21
4. Section 7(a), `18'-- 22
omit, insert-- 23
`19'. 24
6
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
5. Sections 10(1) and 11(1) and (3), `214(4)'-- 1
omit, insert-- 2
`229(4)'. 3
6. After section 13-- 4
insert-- 5
`Effect of extinguishment (s 15(2) NTA) 6
`13A. An extinguishment under this Division does not by itself confer a 7
right to eject or remove any Aboriginal persons who may reside on or who 8
exercise access over land or waters covered by a pastoral lease the grant, 9
re-grant or extension of which is validated by this Division.'. 10
7. Section 15(1), `16'-- 11
omit, insert-- 12
`17'. 13
8. Section 15(3)-- 14
omit, insert-- 15
`(3) To the extent that they are relevant, the criteria for the determination 16
of compensation in section 51 of the Commonwealth Native Title Act apply 17
to the determination of compensation payable under this Act.'. 18
9. Section 16, `197'-- 19
omit, insert-- 20
`212'. 21
10. Section 18(2)-- 22
omit. 23
7
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
11. After section 18-- 1
insert-- 2
`Effect of confirmation under Part (s 212(3) NTA) 3
`18A. Under section 212(3) (Confirmation of ownership of natural 4
resources, access to beaches etc.) of the Commonwealth Native Title Act, a 5
confirmation under this Part does not extinguish or impair any native title 6
rights and interests and does not affect any conferral of land or waters, or an 7
interest in land or waters, under a law that confers benefits only on 8
Aboriginal peoples or Torres Strait Islanders.'. 9
12. Section 28-- 10
omit, insert-- 11
`Prescribed bodies corporate and their functions (ss 55-60 NTA) 12
`28.(1) If-- 13
(a) the Tribunal proposes to make an approved determination of 14
native title; and 15
(b) the determination is that native title exists at the time of making 16
the determination; 17
Part 2 (Native Title), Division 6 (Native title functions of prescribed bodies 18
corporate and holding native title in trust) of the Commonwealth Native 19
Title Act applies to the Tribunal as if it were the National Native Title 20
Tribunal. 21
`(2) Without limiting subsection (1), the Tribunal must make the same 22
determinations, and must make them in the same way, as the National 23
Native Title Tribunal would be required to make them under that Division if 24
it were making the approved determination. 25
`(3) On the making of the determinations, that Division applies to the 26
native title, the common law holders and the prescribed body corporate as if 27
the determinations had been made under that Division. 28
`(4) Without limiting subsection (3), the prescribed body corporate has 29
the same functions and powers as if the determinations were made under 30
8
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
that Division, and may be replaced by another prescribed body corporate at 1
the initiative of the common law holders in accordance with the 2
Commonwealth Native Title Act. 3
`(5) This section applies subject to any regulation made for this section.'. 4
13. Section 29(3)(a) and (4)(a), `holder'-- 5
omit, insert-- 6
`body corporate'. 7
14. Section 32(1)-- 8
omit, insert-- 9
`32.(1) A native title determination application by a person or persons 10
claiming to hold the native title for an area (a "claimant application") 11
must-- 12
(a) contain a description of the area over which the native title is 13
claimed; and 14
(b) contain all information known to the applicant about interests in 15
relation to any of the land or waters concerned that are held by 16
persons other than as native title holders; and 17
(c) be accompanied by a statutory declaration by the applicant that the 18
applicant-- 19
(i) believes that native title has not been extinguished in relation 20
to any part of the area; and 21
(ii) believes that none of the area is covered by an entry in the 22
Native Title Register about a determination; and 23
(iii) believes that all of the statements made in the application are 24
true; and 25
(d) state the name and address of the person who will become the 26
registered native title claimant.'. 27
9
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
15. Section 33-- 1
omit, insert-- 2
`Action to be taken about applications (s 63 NTA) 3
`33.(1) In this section-- 4
"application requirement provisions" means the following sections-- 5
· section 29 (Native title and compensation applications) 6
· section 30 (Form and contents of applications) 7
· section 31 (Claims to hold title with other persons) 8
· section 32 (Material and fees to accompany applications). 9
`(2) If an application complies with the application requirement 10
provisions, the Registrar must accept the application unless the Registrar is 11
of the opinion-- 12
(a) that the application is frivolous or vexatious; or 13
(b) that prima facie the claim cannot be made out. 14
`(3) If the Registrar is of the opinion mentioned in paragraph (2)(a) or 15
(b), the Registrar must refer the application to a presidential member. 16
`(4) If the presidential member is of the same opinion as the Registrar, 17
the presidential member must-- 18
(a) advise the applicant in writing of the fact and give the applicant a 19
reasonable opportunity to satisfy the presidential member that the 20
application is not frivolous or vexatious, or that a prima facie 21
claim can be made out; and 22
(b) if the applicant satisfies the presidential member--direct the 23
Registrar to accept the application; and 24
(c) if the applicant does not satisfy the presidential member--direct 25
the Registrar not to accept the application. 26
`(5) If the presidential member is not of the same opinion as the 27
Registrar, the presidential member must direct the Registrar to accept the 28
application. 29
10
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
`(6) If the Registrar accepts the application under this section, it becomes 1
an "accepted application". 2
`Applications not complying with s 32 (s 64 NTA) 3
`33A.(1) If the Registrar considers that an application does not comply 4
with the application requirement provisions mentioned in section 33(1), the 5
Registrar must refer the application to a presidential member. 6
`(2) If the presidential member also considers that the application does 7
not comply with the application requirement provisions mentioned in 8
section 33(1), the presidential member must-- 9
(a) advise the applicant in writing of the fact and give the applicant a 10
reasonable opportunity to satisfy the presidential member that the 11
requirements are complied with; and 12
(b) if the applicant satisfies the presidential member--direct the 13
Registrar to deal with the application under section 33 (Action to 14
be taken about applications); and 15
(c) if the applicant does not satisfy the presidential member--direct 16
the Registrar not to accept the application. 17
`(3) If the presidential member considers the requirements are complied 18
with, the presidential member must direct the Registrar to deal with the 19
application under section 33.'. 20
16. Section 35(2)(a)(iv), `holder'-- 21
omit, insert-- 22
`body corporate'. 23
17. Section 36(1)-- 24
omit, insert-- 25
`36.(1) If-- 26
(a) a claimant application for any part of the area covered by a 27
11
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
non-claimant application is given to-- 1
(i) the Registrar within 2 months after the Registrar gave notice 2
of the non-claimant application under section 35(1)(a); or 3
(ii) the National Registrar within 2 months after the National 4
Registrar gave notice of the non-claimant application under 5
section 66(1)(a) of the Commonwealth Native Title Act; and 6
(b) the claimant application is accepted (whether initially or on appeal 7
and whether or not within the 2 month period); 8
then-- 9
(c) if the non-claimant application is by the Commonwealth, the State 10
or a statutory authority--the non-claimant application is taken to 11
be dismissed; or 12
(d) in any other case--the non-claimant application is taken, for all 13
purposes after the claimant application is given to the Registrar or 14
the National Registrar, not to relate to the area covered by the 15
claimant application.'. 16
18. Section 40(1)(c) and (d)-- 17
omit, insert-- 18
`(c) the Tribunal is satisfied that a determination in, or consistent with, 19
the agreed terms would be within the Tribunal's powers and 20
would be appropriate in the circumstances.'. 21
19. Section 41-- 22
insert-- 23
`(4) A person presiding over a conference may allow a person to take 24
part by telephone, closed-circuit television or another form of 25
communication. 26
`(5) In a proceeding before the Tribunal or Land Appeal Court, evidence 27
must not be given, and statements must not be made, about anything 28
spoken or done at the mediation conference, unless the parties agree.'. 29
12
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
20. Section 42(1)(c) and (d)-- 1
omit, insert-- 2
`(c) the Tribunal is satisfied that a determination in, or consistent with, 3
the agreed terms would be within the Tribunal's powers and 4
would be appropriate in the circumstances.'. 5
21. Section 44(2), `31'-- 6
omit, insert-- 7
`32'. 8
22. Section 44(3), `33'-- 9
omit, insert-- 10
`35'. 11
23. Section 59(b), `a court or other entity'-- 12
omit, insert-- 13
`a court, tribunal, body or other entity'. 14
24. Section 59(c)-- 15
omit, insert-- 16
`(c) adopt findings, reports, recommendations, decisions, 17
determinations or judgments of a court, tribunal, body or other 18
entity'. 19
25. After section 61-- 20
insert-- 21
13
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
`Power of Tribunal if applicant asks for dismissal of application 1
(s 149 NTA) 2
`61A. The Tribunal may dismiss an application if-- 3
(a) the applicant asks, in writing, that the application be dismissed; 4
and 5
(b) the Tribunal is satisfied that it is appropriate to dismiss the 6
application.'. 7
26. Section 73-- 8
omit, insert-- 9
`Determination that compensation is payable (s 161 NTA) 10
`73. If the Tribunal makes a determination that compensation is payable, 11
the determination must state-- 12
(a) the name of the person or persons entitled to the compensation or 13
the method for deciding the person or persons entitled to the 14
compensation; and 15
(b) any method for deciding the amount or kind of compensation to 16
be given to each person; and 17
(c) the method for deciding a dispute about the entitlement of a 18
person to an amount of the compensation.'. 19
27. Section 74(3)(a), `35'-- 20
omit, insert-- 21
`37'. 22
28. Section 109(1)(b)(i), `33(4)'-- 23
omit, insert-- 24
`33(3)'. 25
14
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
29. Section 109(1)(b)(i), after `applications)'-- 1
insert-- 2
`or 33A(1) (Applications not complying with s 32)'. 3
30. Section 137(4)(d)-- 4
omit, insert-- 5
`(d) the matters decided, including-- 6
(i) who the common law holders of the native title are; and 7
(ii) the name of any prescribed body corporate that holds the 8
native title rights and interests on trust; and 9
(iii) the name and address of the prescribed body corporate 10
determined-- 11
(A) under section 28 (Prescribed bodies corporate and their 12
functions); or 13
(B) under section 56 (Determination whether native title to 14
be held in trust) or 57 (Determination of prescribed 15
body corporate etc.) of the Commonwealth Native Title 16
Act.'. 17
31. Section 148(3)(b), after `native title holders'-- 18
insert-- 19
`(or their agents or representatives under the Commonwealth Native Title 20
Act)'. 21
32. Section 148(3)(d), `31'-- 22
omit, insert-- 23
`32'. 24
15
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
33. Section 148(3)(e), `41(2)'-- 1
omit, insert-- 2
`43(2)'. 3
34. Section 149-- 4
omit, insert-- 5
`Effect of acquisition on native title (s 23(3)(a) and(b) NTA) 6
`149. For an acquisition of the whole or a part of any native title rights 7
and interests under a State Compulsory Acquisition Act-- 8
(a) the non-extinguishment principle applies to the acquisition; and 9
(b) nothing in this Act prevents any act that is done in giving effect to 10
the purpose of the acquisition from extinguishing the native title 11
rights and interests.'. 12
35. Section 150(2)-- 13
omit, insert-- 14
`(2) To the extent that they are relevant, the criteria for the determination 15
of compensation in section 51 of the Commonwealth Native Title Act apply 16
to the determination of compensation payable for the acquisition'. 17
36. Section 151(1), `72'-- 18
omit, insert-- 19
`79'. 20
37. Section 151(2), `49(6)'-- 21
omit, insert-- 22
`51(6)'. 23
16
Native Title (Queensland) Amendment
SCHEDULE 1 (continued)
38. Section 153(2)(c), `31'-- 1
omit, insert-- 2
`32'. 3
39. Section 153(2)(d), `41(2)'-- 4
omit, insert-- 5
`43(2)'. 6
40. Section 178-- 7
omit, insert-- 8
`Insertion of new s 13A 9
178. After section 13-- 10
insert-- 11
`Acts not to affect native title except by express provision 12
`13A.(1) An Act enacted after the commencement of this section affects 13
native title only so far as the Act expressly provides. 14
`(2) For the purposes of subsection (1), an Act affects native title if it 15
extinguishes the native title rights and interests or it is otherwise wholly or 16
partly inconsistent with their continued existence, enjoyment or exercise.'.'. 17
18
17
Native Title (Queensland) Amendment
CHEDULE 2 1
¡S
THER MINOR AMENDMENTS 2
O
section 2 3
1. Preamble, clause (5)-- 4
omit, insert-- 5
`(5) The High Court of Australia has-- 6
· rejected the doctrine that Australia was terra nullius (land 7
belonging to no-one) at the time of European settlement; and 8
· held that the common law of Australia recognises native title 9
rights of Australia's indigenous inhabitants; and 10
· held that native title is extinguished by valid government acts that 11
are inconsistent with the continued existence of native title rights 12
and interests, such as the grant of freehold or leasehold estates.'. 13
2. Section 4, definition "alternative provisions"-- 14
omit. 15
3. Section 4-- 16
insert-- 17
"registered native title claimant", for land or waters, means a person 18
whose name appears in an entry (other than an entry amended under 19
section 140 to include details of a determination or decision) on the 20
Queensland Native Title Register for the land or waters.'. 21
4. Section 14(1)(b), after `rights or interests'-- 22
insert-- 23
`(other than native title rights and interests)'. 24
18
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
5. Section 14(2)-- 1
omit, insert-- 2
`(2) Division 2 (Effect of validation of native title) does not affect a 3
reservation or condition mentioned in subsection (1)(a) or rights or interests 4
mentioned in subsection (1)(b)'. 5
6. Section 22(1), after `Tribunal'-- 6
insert-- 7
`or the National Native Title Tribunal'. 8
7. Section 25-- 9
omit, insert-- 10
`Purpose of Part (see esp. ss 27 and 251 NTA) 11
`25. The purpose of this Part is to provide for the Tribunal and Wardens 12
Courts to be recognised State/Territory bodies, and for the Tribunal to be an 13
arbitral body, for Queensland.'. 14
8. Section 26-- 15
omit, insert-- 16
`Conferral of jurisdiction as recognised bodies allowed 17
`26.(1) It is the intention of the Parliament that the Tribunal and Wardens 18
Courts should be recognised State/Territory bodies. 19
`(2) If the Commonwealth Minister determines under section 251(1) 20
(Recognised State/Territory body) of the Commonwealth Native Title Act 21
that the Tribunal is a recognised State/Territory body under that Act, the 22
Tribunal has jurisdiction, as a recognised State/Territory body, to determine 23
native title determination applications, revised native title determination 24
applications and compensation applications (other than compensation 25
applications for matters arising under or in relation to a State Mining Act). 26
`(3) If the Commonwealth Minister determines under section 251(1) of 27
19
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
the Commonwealth Native Title Act that the Wardens Courts are 1
recognised State/Territory bodies under that Act, each Wardens Court has 2
jurisdiction, as a recognised State/Territory body, to determine 3
compensation applications for matters arising under or in relation to a State 4
Mining Act.'. 5
9. Section 27-- 6
omit, insert-- 7
`Tribunal may be arbitral body (see esp. s 27(1) NTA) 8
`27.(1) The Tribunal may be an arbitral body under Part 2, Division 3, 9
Subdivision B of the Commonwealth Native Title Act for acts of the State, 10
other than acts in relation to-- 11
(a) a Commonwealth place (within the meaning of the 12
Commonwealth Places (Application of Laws) Act 1970 (Cwlth)); 13
or 14
(b) any place outside the jurisdictional limits of the State. 15
`(2) However, the Tribunal is not an arbitral body for matters arising 16
under or in relation to a State Mining Act.'. 17
10. Section 29-- 18
insert-- 19
`(7) An application mentioned in subsection (4) may not be made for a 20
matter arising under or in relation to a State Mining Act, including a matter 21
arising under this Part 2 (Validation and its effects).'. 22
11. Section 35(2)(a)(vi), before `interest'-- 23
insert-- 24
`proprietary'. 25
20
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
12. Section 35(3)(a)-- 1
omit, insert-- 2
`(a) if the application is a non-claimant application--the application 3
will be taken to be unopposed unless a claimant application for 4
part of the area covered by the non-claimant application is given 5
to-- 6
(i) the Registrar within 2 months after the Registrar gave the 7
notice of the non-claimant application under section 35(1)(a); 8
or 9
(ii) the National Registrar within 2 months after the National 10
Registrar gave notice of the non-claimant application under 11
section 66(1)(a) of the Commonwealth Native Title Act;'. 12
13. Section 37(2)(b)-- 13
omit, insert-- 14
`(b) within 2 months after the Registrar gives notice of the application 15
under section 35(1)(a), the person gives the Registrar written 16
notice that the person wants to be a party to the application.'. 17
14. Section 43, heading, after `heard'-- 18
insert-- 19
`and determined'. 20
15 Section 43, after `hear'-- 21
insert-- 22
`and determine'. 23
16. Section 44(2) and (3), from `, or an equivalent' to `a State law,'-- 24
omit. 25
21
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
17. After section 47-- 1
insert-- 2
`Compensation held in trust under "right to negotiate" procedures 3
(s 52 NTA) 4
`47A.(1) This section applies if compensation (the "negotiated 5
compensation") for a proposed act is held in trust under section 41(3) 6
(Effect of determination) or 42(5)(b) (Overruling of determinations) of the 7
Commonwealth Native Title Act and any of the following happens-- 8
(a) an approved determination of native title is made to the effect that 9
there is no native title for the area concerned immediately before 10
the act takes place; 11
(b) the Government party informs the trustee in writing that it no 12
longer proposes to do the act; 13
(c) the following requirements are satisfied-- 14
(i) an approved determination of native title is made to the effect 15
that the native title parties concerned are (disregarding any 16
holding of the native title in trust under section 28 17
(Prescribed bodies corporate and their functions)) the native 18
title holders for the area affected by the act; 19
(ii) the registered native title body corporate advises the trustee 20
that it wishes to accept the negotiated compensation instead 21
of any compensation to which the native title holders may be 22
entitled for the future act; 23
(d) a determination is made, on a claim for compensation for the act 24
under section 29 (Native title and compensation applications) or 25
on just terms under a Compulsory Acquisition Act, that a person 26
is entitled to compensation or that no compensation is payable to 27
a person; 28
(e) none of paragraphs (a) to (d) applies and the Tribunal decides, on 29
application by a person, that it would be just and equitable in all 30
the circumstances to pay the negotiated compensation to the 31
person or someone else. 32
22
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
`(2) In a subsection (1)(a) or (b) case, the trustee must-- 1
(a) repay the negotiated compensation to the person who paid it to the 2
trustee; or 3
(b) if the person no longer exists--apply to the Tribunal for a 4
direction about the payment of the negotiated compensation. 5
`(3) In a subsection (1)(c) case-- 6
(a) the trustee must pay the negotiated compensation to the body 7
corporate; and 8
(b) there is no entitlement to compensation for the future act. 9
`(4) In a subsection (1)(d) case, if the determination is that a person is 10
entitled to an amount of monetary compensation and-- 11
(a) if the negotiated compensation is the same as the amount 12
determined--the trustee must pay the negotiated compensation to 13
the person; or 14
(b) if the negotiated compensation is less than the amount 15
determined--the trustee must pay the negotiated compensation to 16
the person and the Government party must pay the shortfall to the 17
person; or 18
(c) if the negotiated compensation is more than the amount 19
determined--the trustee must-- 20
(i) pay the person so much of the negotiated compensation as 21
equals the amount determined; and 22
(ii) refund the excess to the person who paid the negotiated 23
compensation to the trustee or, if the person no longer exists, 24
apply to the Tribunal for a direction about its payment. 25
`(5) In a subsection (1)(d) case, if the transfer of property or the 26
provision of goods or services forms some or all of the compensation, the 27
trustee must apply to the Tribunal for a direction about the payment of the 28
negotiated compensation. 29
`(6) In a subsection (1)(d) case, if the determination is that no 30
compensation is payable or to be given to anyone, the trustee must repay the 31
negotiated compensation to the person who paid it to the trustee or, if the 32
23
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
person no longer exists, apply to the Tribunal for a direction about its 1
payment. 2
`(7) In a subsection (1)(e) case, the trustee must pay the negotiated 3
compensation as required by the decision of the Tribunal mentioned in the 4
paragraph.'. 5
18. Section 52, `unopposed applications'-- 6
omit, insert-- 7
`applications under section 29'. 8
19. Section 54(1), `unopposed application'-- 9
omit, insert-- 10
`application under section 29'. 11
20. Section 54(3), `matter'-- 12
omit, insert-- 13
`issue'. 14
21. After section 61A, in Part 8, Division 2-- 15
insert-- 16
`Power of Tribunal if parties reach agreement during an inquiry 17
(see s 87 NTA) 18
`61B.(1) If, at any stage of an inquiry-- 19
(a) agreement is reached between the parties on the terms of an order 20
of the Tribunal about-- 21
(i) the proceedings of the inquiry; or 22
(ii) a part of the proceedings of the inquiry; or 23
(iii) a matter arising out of the proceedings of the inquiry; and 24
24
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
(b) the terms of the agreement are-- 1
(i) in writing signed by or for the parties; and 2
(ii) lodged with the Tribunal; and 3
(c) the Tribunal is satisfied that an order in, or consistent with, the 4
terms would be within the Tribunal's powers and appropriate; 5
the Tribunal may act under this section. 6
`(2) If the agreement is in the terms of an order of the Tribunal about the 7
proceedings of the inquiry, the Tribunal may make a determination in, or 8
consistent with, the terms without holding a hearing or, if a hearing has 9
started, without finishing the hearing. 10
`(3) If the agreement is about a part of the proceedings of the inquiry or a 11
matter arising out of the proceedings, the Tribunal may in its determination 12
give effect to the terms of the agreement without, if it has not already done 13
so, dealing at the hearing with the part of the proceedings or the matter 14
arising out of the proceedings to which the agreement relates.'. 15
22. Section 74(3)-- 16
omit, insert-- 17
`(3) This section is subject to section 37 (No determination if agreement) 18
of the Commonwealth Native Title Act.'. 19
23. Section 77-- 20
omit, insert-- 21
`Decision or determination conclusive (see s 165 NTA) 22
`77. A decision or determination of the Tribunal or a Wardens Court is 23
final and conclusive of the matters decided subject to-- 24
(a) a decision made on appeal from a decision or determination of the 25
Tribunal or Wardens Court; or 26
(b) a decision of the State Minister acting under section 42 27
25
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
(Overruling of determinations) of the Commonwealth Native 1
Title Act.'. 2
24. Section 90-- 3
insert-- 4
`(4A) This section does not apply to a person who gives evidence, or 5
who produces a document or thing, to a court for the purpose of a 6
prosecution of an offence against section 85(2) (Contravention of direction 7
prohibiting disclosure of evidence).'. 8
25. Section 122(1)-- 9
omit, insert-- 10
`Assessors 11
`122.(1) There are to be assessors to help the Tribunal and Land Appeal 12
Court in the exercise of their jurisdiction under this Act. 13
`(2) In helping the Tribunal, an assessor is under the Tribunal's control 14
and direction. 15
`(3) In helping the Land Appeal Court, an assessor is under the Court's 16
control and direction. 17
`(4) A regulation may provide for assessors to help and to take part in the 18
decision making process of Wardens Courts in their roles as recognised 19
State/Territory bodies under the Commonwealth Native Title Act.'. 20
26. Section 137(3)(a), `approved native title determinations'-- 21
omit, insert-- 22
`approved determinations of native title'. 23
27. Section 141, `established under the Real Property Act 1861'-- 24
omit. 25
26
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
28. After section 144-- 1
insert-- 2
`No multiple compensation for essentially same act (s 49 NTA) 3
`144A. Despite anything in Part 2, 5 or 11-- 4
(a) compensation is only payable once under this Act for acts that are 5
essentially the same; and 6
(b) the court, person or body determining compensation under this 7
Act must take into account any compensation awarded under a 8
law of a State or the Commonwealth, for essentially the same 9
act.'. 10
29. Section 146, heading, `Attachment'-- 11
omit, insert-- 12
`Section headings and attachment'. 13
30. Section 146-- 14
insert-- 15
`(4) A reference in a section heading to a provision of the 16
Commonwealth Native Title Act does not form part of this Act.'. 17
31. Section 148(3)(c)-- 18
omit, insert-- 19
`(c) acts under the State Compulsory Acquisition Act may be 20
excluded from the coverage of section 26(2) (which deals with 21
acts subject to the right to negotiate) of the Commonwealth 22
Native Title Act in appropriate cases; and'. 23
27
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
32. Section 150(1), after `compensation'-- 1
insert-- 2
`on just terms'. 3
33. Section 152(2), after `land'-- 4
insert-- 5
`(other than the additional rights of consent provided by a State Mining 6
Act to the owners of reserves). 7
8
Example--
9
The consent rights under section 3.2(2)(c)(ii) of the Mineral Resources Act 1989.'.
34. Section 153(2)(a), `and arbitral bodies'-- 10
omit. 11
35. Section 153(2)(b)-- 12
omit, insert-- 13
`(b) that acts under the State Mining Act may be excluded from the 14
coverage of section 26(2) (which deals with acts subject to the 15
right to negotiate) of the Commonwealth Native Title Act in 16
appropriate cases; and'. 17
36. Section 155(3), `Chapter'-- 18
omit, insert-- 19
`Part'. 20
37. Section 160-- 21
omit, insert-- 22
28
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
`Amendment of s 2.04 (Meaning of Aboriginal land) 1
160. Section 2.04(1)(b)-- 2
omit, insert-- 3
`(b) granted land, that is-- 4
(i) claimable land that has been claimed by, and is granted 5
under this Act to, a group of Aboriginal people; or 6
(ii) claimable land that, under section 5.04A, has been included 7
in a deed of grant or lease.'. 8
Amendment of s 2.05 (Meaning of transferable and transferred land) 9
160A. Section 2.05, after `granted under'-- 10
insert-- 11
`Part 3 of'. 12
Amendment of s 2.06 (Lands that are transferable lands) 13
160B. Section 2.06-- 14
insert-- 15
`(e) available Crown land declared by regulation to be transferable 16
land.'. 17
Amendment of ss 2.07, 2.09 and 2.10 18
160C. Sections 2.07, 2.09 and 2.10, from `Governor' to `the land is'-- 19
omit, insert-- 20
`land is declared by regulation to be'. 21
Amendment of s 2.08 (Aboriginal reserve land) 22
160D. Section 2.08, from `Governor' to `that the land'-- 23
29
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
omit, insert-- 1
`land is declared by regulation to be land that'. 2
Amendment of s 2.11 (Meaning of claimable and granted land) 3
160E. Section 2.11(2)-- 4
omit, insert-- 5
`(2) Granted land is-- 6
(a) claimable land that has been claimed by, and granted under this 7
Act to, a group of Aboriginal people; or 8
(b) claimable land that, under section 5.04A, has been included in a 9
deed of grant or lease.'. 10
Replacement of s 2.12 (Lands that are claimable lands) 11
160F. Section 2.12-- 12
omit, insert-- 13
`Lands that are claimable lands 14
`2.12.(1) Subject to subsection (3), claimable land is-- 15
(a) available Crown land declared by regulation to be claimable land 16
for this Act; or 17
(b) Aboriginal land that is transferred land. 18
`(2) A declaration under subsection (1)(a) may describe the available 19
Crown land concerned in any way, including, for example, describing the 20
land as land included in a stated area of the State. 21
`(3) A regulation may declare that an area of transferred land is not 22
claimable land. 23
`(4) A declaration under subsection (3) may be made only if-- 24
(a) the land is primarily used or occupied by Aboriginal people for 25
residential or community purposes; or 26
30
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
(b) the Minister has consulted with Aboriginal people particularly 1
concerned with the land and a substantial majority of the 2
Aboriginal people are opposed to the land being claimable land.'. 3
Amendment of s 2.13 (Lands that are available Crown land-- 4
general) 5
160G.(1) Section 2.13(1)(i)-- 6
omit. 7
(2) Section 2.13(1A)-- 8
omit, insert-- 9
`(1A) A regulation may declare land inside the Torres Strait area to be 10
available Crown land if it is land in which no person, other than the State, 11
has an interest.'. 12
(3) Section 2.13(2), definition "interest", after `include'-- 13
insert-- 14
`native title interests or'. 15
Amendment of s 2.15 (Tidal land) 16
160H. Section 2.15(1)-- 17
omit, insert-- 18
`2.15(1) Available Crown land includes tidal land only if the particular 19
tidal land is declared by regulation to be available Crown land.'. 20
Amendment of s 2.16 (Meaning of city or town land) 21
160I.(1) Section 2.16(1), `Local Government Act 1936'-- 22
omit, insert-- 23
`Local Government Act 1993'. 24
(2) Section 2.16(2) and (3)-- 25
31
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
omit, insert-- 1
`(2) A regulation may change the boundaries of a city or town. 2
`(3) A regulation under subsection (2) has effect only for this Act.'. 3
Replacement of s 2.17 (Meaning of township land) 4
160J. Section 2.17-- 5
omit, insert-- 6
`Meaning of township land 7
`2.17 A regulation may declare that land is township land for this Act.'. 8
Amendment of s 3.02 (Minister to appoint trustees) 9
160K. Section 3.02(3), `the Aboriginal'-- 10
omit, insert-- 11
`Aboriginal'. 12
Amendment of s 3.03 (Minister to act as soon as possible) 13
160L. Section 3.03(2), after `If'-- 14
insert-- 15
`, under section 2.06(e) or 2.08,'. 16
Insertion of new s 3.04A 17
160M. After section 3.04-- 18
insert-- 19
`Inclusion of additional areas in deed of grant 20
`3.04A. An additional area of transferable land may be included in a deed 21
of grant under section 3.04 if the Minister has consulted with Aboriginal 22
people particularly concerned with each area of land and a substantial 23
32
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
majority of them agree that the additional area should be included in the 1
deed of grant.'.'. 2
38. After section 161-- 3
insert-- 4
`Amendment of s 3.07 (Interests to be endorsed on deed) 5
161A. Section 3.07(3), `Real Property Act 1861 and the Real Property 6
Act 1877'-- 7
omit, insert-- 8
`Land Title Act 1994'. 9
Amendment of s 3.15 (Reservations of forest products and quarry 10
material etc.) 11
161B.(1) Section 3.15(1)-- 12
omit, insert-- 13
`3.15(1) A deed of grant of transferred land may contain a reservation to 14
the State of forest products or quarry material above, on or below the 15
surface of the land only if it is declared by regulation that-- 16
(a) the forest products or quarry material is of vital State interest; and 17
(b) the rights in the forest products or quarry material is reserved to 18
the State. 19
(2) Section 3.15(2), from `the Governor' to `council,'-- 20
omit, insert-- 21
`a regulation may'. 22
(3) Section 3.15(3), `an order in council'-- 23
omit, insert-- 24
`a regulation'. 25
33
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
Amendment of s 4.06 (Registrar to determine whether claim duly 1
made) 2
161C.(1) Section 4.06-- 3
insert-- 4
`(6) If the Registrar refuses to accept the application, the claimants may 5
ask the Chairperson of the Land Tribunal to decide whether the claim is 6
duly made. 7
`(7) If the Chairperson decides that the claim is duly made, the 8
Chairperson must direct the Registrar to accept the application under 9
subsection (2). 10
`(8) If the Chairperson decides that a claim is not duly made, the 11
Chairperson must notify the claimants, in writing, of his or her reasons for 12
refusing to accept the application. 13
`(9) Despite subsection (1), if a recommendation has been made to the 14
Minister under section 4.16 for a grant in fee simple or for the grant of a 15
lease, another claim may not be duly made over the same land. 16
`(10) Nothing in this section prevents the Registrar from accepting an 17
application if-- 18
(a) a claim (the "repeat claim") has been made to the Registrar 19
under section 4.04 and it appears to the Registrar that the land to 20
which the claim relates is completely or partly the same as land 21
that has previously been claimed (the "previous claim"); and 22
(b) no recommendation was made to the Minister under section 4.16 23
about the previous claim.'. 24
25
Amendment of s 4.08 (Joint hearing of claims) 26
161D. Section 4.08(c), `made'-- 27
omit, insert-- 28
`referred'. 29
34
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
Insertion of new s 4.08A 1
161E. After section 4.08-- 2
insert-- 3
`Repeat claims 4
`4.08A. If a repeat claim mentioned in section 4.06(10) has been referred 5
to the Land Tribunal, the Tribunal may hear the repeat claim only if a 6
presiding member is satisfied that the repeat claim could be established on 1 7
or more grounds mentioned in sections 4.09 to 4.11 because-- 8
(a) the basis on which the repeat claim is made is substantially 9
different to the basis on which the previous claim was made; or 10
(b) information has become available to the Tribunal that was not 11
previously available and, if the information had previously been 12
available to the Tribunal, it may have affected the decision of the 13
Tribunal on the previous claim.'. 14
Amendment of s 4.17 (Resolution of conflicting claims) 15
161F. Section 4.17(2)-- 16
insert-- 17
`(2) If more than 1 claim is established and each of the competing claims 18
is established on 1 or more grounds-- 19
(a) if 1 or more of the claims is established on the ground of 20
traditional affiliation--a recommendation must not be made in 21
favour of any other group on the ground of historical association 22
or on the ground of economic or cultural viability; and 23
(b) if 1 or more of the claims is established on the ground of 24
historical association--a recommendation must not be made in 25
favour of any other group on the ground of economic or cultural 26
viability.'. 27
35
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
Insertion of new s 5.04A 1
161G. After section 5.04-- 2
insert-- 3
`Inclusion of additional areas in deed of grant 4
`5.04A. An additional area of claimable land may be included in a deed 5
of grant or lease under section 5.04 if the Minister has consulted with 6
Aboriginal people particularly concerned with each area of land and a 7
substantial majority of them agree that the additional area should be 8
included in the deed of grant or lease.'.'. 9
39. After section 162-- 10
insert-- 11
`Amendment of s 5.18 (Reservations of forest products and quarry 12
material etc.) 13
162A.(1) Section 5.18(1)-- 14
omit, insert-- 15
`5.18(1) A deed of grant of granted land that was transferred land, and an 16
Aboriginal (transferred land) lease, may contain a reservation to the State of 17
forest products or quarry material above, on or below the surface of the land 18
only if it is declared by regulation that-- 19
(a) the forest products or quarry material is of vital State interest; and 20
(b) the rights in the forest products or quarry material is reserved to 21
the State.'. 22
(2) Section 5.18(4)-- 23
omit, insert-- 24
`(4) If a deed of grant of granted land that was transferred land, or an 25
Aboriginal (transferred land) lease, does not contain a reservation of 26
particular forest products or quarry material above, on or below the land, a 27
regulation may declare that-- 28
(a) the forest products or quarry material is of vital State interest; and 29
36
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
(b) the rights in the forest products or quarry material are acquired by 1
the State.'. 2
(3) Section 5.18(5), `an order in council,'-- 3
omit, insert-- 4
`a regulation'. 5
Amendment of s 5.20 (National Park subject to lease to State etc.) 6
162B.(1) Section 5.20(1)(b), from `the Governor' to `council,'-- 7
omit, insert-- 8
`are declared by regulation'. 9
(2) Section 5.20(7), from `the Governor' to `council'-- 10
omit, insert-- 11
`regulation'. 12
Amendment of s 8.10 (Termination of appointment) 13
162C. Section 8.10-- 14
insert-- 15
`(2) Subsection (1)(c) applies only to a non-presiding member.'. 16
Amendment of s 8.20 (Procedure of Tribunal) 17
162D. Section 8.20(1)(b) and (c)-- 18
omit, insert-- 19
`(b) the Tribunal must pursue the objective of performing its functions 20
in a fair, just, economical, informal and prompt way; and 21
(c) the Tribunal must take account of relevant cultural and customary 22
concerns of Aboriginal people; and 23
(d) the Tribunal is not bound by technicalities, legal forms or rules of 24
37
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
evidence but may inform itself on anything in any way that it 1
considers appropriate.'. 2
Amendment of s 8.24 (Particular powers of Tribunal) 3
162E. Section 8.24(2), `a presiding member'-- 4
omit, insert-- 5
`the Chairperson, a presiding member, or an officer of the Tribunal 6
authorised in writing by the Chairperson or a presiding member,'.'. 7
40. Section 163, inserted s 8.26A(3), after `reference to the Native Title 8
Tribunal'-- 9
insert-- 10
`to hear and determine the claim'. 11
41. After section 163-- 12
insert-- 13
`Amendment of s 8.29 (Appeals to Land Appeal Court from decisions 14
of Tribunal) 15
163A.(1) Section 8.29-- 16
insert-- 17
`(3A) If the Chairperson of the Tribunal decides under section 4.06 that a 18
claim is not duly made, the claimants may appeal to the Land Appeal 19
Court.'. 20
(2) Section 8.29(6)(c)(ii), `Tribunal'-- 21
omit, insert-- 22
`Land Appeal Court'.'. 23
38
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
42. Section 164-- 1
omit, insert-- 2
`Insertion of new s 8.30A 3
164. After section 8.30-- 4
insert-- 5
`Evidence and other findings in other proceedings 6
`8.30A. In a proceeding, the Land Tribunal may-- 7
(a) receive into evidence the transcript of evidence in another 8
proceeding before-- 9
(i) a court; or 10
(ii) the Land Tribunal; or 11
(iii) the National Native Title Tribunal; or 12
(iv) the Native Title Tribunal; or 13
(v) a recognised State/Territory body within the meaning of the 14
Native Title Act 1993 (Cwlth); or 15
(vi) another entity; 16
and draw conclusions of fact from the transcript; and 17
(b) receive into evidence a document or other thing introduced into 18
evidence in another proceeding before a court, tribunal, body or 19
other entity and draw conclusions from the document or thing; 20
and 21
(c) adopt findings, reports, recommendations, decisions, 22
determinations or judgements of a court, tribunal, body or other 23
entity.'.'. 24
43. After section 164-- 25
insert-- 26
39
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
`Insertion of new s 8.31A 1
164A. After section 8.31-- 2
insert-- 3
`Continuing authority of member 4
`8.31A. If a member's appointment expires, the appointment continues 5
until the member finishes performing any function started, but not finished, 6
before the expiry of the appointment.'. 7
Repeal of ss 9.05 and 9.09 8
164B. Sections 9.05 and 9.09-- 9
omit. 10
Amendment of s 9.10 (Regulations) 11
164C.(1) Section 9.10(1)-- 12
omit, insert-- 13
`9.10(1) The Governor in Council may make regulations under this 14
Act.'. 15
(2) Section 9.10(2), `Without limiting subsection (1), the'-- 16
omit, insert-- 17
`A'. 18
Insertion of new s 9.11 19
164D. After section 9.10-- 20
insert-- 21
`Numbering and renumbering of Act 22
`9.11 Section 43 (Numbering and renumbering of provisions) of the 23
Reprints Act 1992 must be used in the next reprint of this Act produced 24
under the Reprints Act 1992.'.'. 25
40
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
44. Section 168-- 1
omit, insert-- 2
`Amendment of s 2.03 (Meaning of Torres Strait Islander land) 3
168. Section 2.03(1)(b)-- 4
omit, insert-- 5
`(b) granted land, that is-- 6
(i) claimable land that has been claimed by, and is granted 7
under this Act to, a Torres Strait Islander or a group of 8
Torres Strait Islanders; or 9
(ii) claimable land that, under section 5.04A, has been included 10
in a deed of grant or lease.'. 11
Amendment of s 2.04 (Meaning of transferable and transferred land) 12
168A. Section 2.04, after `granted under'-- 13
insert-- 14
`Part 3 of'. 15
Amendment of s 2.05 (Lands that are transferable lands) 16
168B. Section 2.05-- 17
insert-- 18
`(c) available Crown land declared by regulation to be transferable 19
land.'. 20
Amendment of s 2.06 21
168C. Section 2.06, from `Governor' to `the land is'-- 22
omit, insert-- 23
`land is declared by regulation to be'. 24
41
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
Amendment of s 2.07 1
168D. Section 207, from `Governor' to `that the land'-- 2
omit, insert-- 3
`land is declared by regulation to be land that'. 4
Amendment of s 2.08 (Meaning of claimable and granted land) 5
168E. Section 2.08(2)-- 6
omit, insert-- 7
`(2) Granted land is-- 8
(a) claimable land that has been claimed by, and granted under this 9
Act to, a Torres Strait Islander or a group of Torres Strait 10
Islanders; or 11
(b) claimable land that, under section 5.04A, has been included in a 12
deed of grant or lease.'. 13
Replacement of s 2.09 (Lands that are claimable lands) 14
168F. Section 2.09-- 15
omit, insert-- 16
`Lands that are claimable lands 17
`2.09(1) Subject to subsection (3), claimable land is-- 18
(a) available Crown land declared by regulation to be claimable land 19
for this Act; or 20
(b) Torres Strait Islander land that is transferred land. 21
`(2) A declaration under subsection (1)(a) may describe the available 22
Crown land concerned in any way, including, for example, describing the 23
land as land included in a stated area of the State. 24
`(3) A regulation may declare that an area of transferred land is not 25
claimable land. 26
42
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
`(4) A declaration under subsection (3) may be made only if-- 1
(a) the land is primarily used or occupied by Torres Strait Islanders 2
for residential or community purposes; or 3
(b) the Minister has consulted with Torres Strait Islanders particularly 4
concerned with the land and a substantial majority of the Torres 5
Strait Islanders are opposed to the land being claimable land.'. 6
Amendment of s 2.10 (Lands that are available Crown land-- 7
general) 8
168G.(1) Section 2.10(1)(g)-- 9
omit. 10
(2) Section 2.10(2), definition "interest", after `include'-- 11
insert-- 12
`native title interests or'. 13
Amendment of s 2.12 (Tidal land) 14
168H. Section 2.12(1)-- 15
omit, insert-- 16
`2.12(1) Available Crown land includes tidal land only if the particular 17
tidal land is declared by regulation to be available Crown land.'. 18
Amendment of s 2.13 (Meaning of city or town land) 19
168I.(1) Section 2.13(1), `Local Government Act 1936'-- 20
omit, insert-- 21
`Local Government Act 1993'. 22
(2) Section 2.13(2) and (3)-- 23
omit, insert-- 24
43
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
`(2) A regulation may change the boundaries of a city or town. 1
`(3) A regulation under subsection (2) has effect only for this Act.'. 2
Replacement of s 2.14 (Meaning of township land) 3
168J. Section 2.14-- 4
omit, insert-- 5
`Meaning of township land 6
`2.14 A regulation may declare that land is township land for this Act.'. 7
Replacement of s 2.17 (Torres Strait area) 8
168K. Section 2.17-- 9
omit, insert-- 10
`Torres Strait area 11
`2.17(1) The Torres Strait area is-- 12
(a) the area the boundaries of which are described in Annex 9 of the 13
Torres Strait Treaty; and 14
(b) any other area declared by regulation to be included in the Torres 15
Strait area. 16
`(2) An area declared under subsection (1)(b) may be described in any 17
way.'. 18
Amendment of s 3.02 (Minister to appoint trustees) 19
168L. Section 3.02(3), `the Torres Strait Islanders'-- 20
omit, insert-- 21
`Torres Strait Islanders'. 22
44
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
Amendment of s 3.03 (Minister to act as soon as possible) 1
168M. Section 3.03(2), after `If'-- 2
insert-- 3
`, under section 2.05(c) or 2.07,'. 4
Insertion of new s 3.04A 5
168N. After section 3.04-- 6
insert-- 7
`Inclusion of additional areas in deed of grant 8
`3.04A. An additional area of transferable land may be included in a deed 9
of grant under section 3.04 if the Minister has consulted with Torres Strait 10
Islanders particularly concerned with the land and a substantial majority of 11
them agree that the additional area should be included in the deed of 12
grant.'.'. 13
45. After section 169-- 14
insert-- 15
`Amendment of s 3.07 (Interests to be endorsed on deed) 16
169A. Section 3.07(3), `Real Property Act 1861 and the Real Property 17
Act 1877'-- 18
omit, insert-- 19
`Land Title Act 1994'. 20
Amendment of s 3.15 (Reservations of forest products and quarry 21
material etc.) 22
169B.(1) Section 3.15(1)-- 23
omit, insert-- 24
`3.15(1) A deed of grant of transferred land may contain a reservation to 25
the State of forest products or quarry material above, on or below the 26
45
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
surface of the land only if it is declared by regulation that-- 1
(a) the forest products or quarry material is of vital State interest; and 2
(b) the rights in the forest products or quarry material is reserved to 3
the State.'. 4
(2) Section 3.15(2), from `the Governor' to `council,'-- 5
omit, insert-- 6
`a regulation may'. 7
(3) Section 3.15(3), `an order in council'-- 8
omit, insert-- 9
`a regulation'. 10
Amendment of s 4.06 (Registrar to determine whether claim duly 11
made) 12
169C.(1) Section 4.06-- 13
insert-- 14
`(6) If the Registrar refuses to accept the application, the claimants may 15
ask the Chairperson of the Land Tribunal to decide whether the claim is 16
duly made. 17
`(7) If the Chairperson decides that the claim is duly made, the 18
Chairperson must direct the Registrar to accept the application under 19
subsection (2). 20
`(8) If the Chairperson decides that a claim is not duly made, the 21
Chairperson must notify the claimants, in writing, of his or her reasons for 22
refusing to accept the application. 23
`(9) Despite subsection (1), if a recommendation has been made to the 24
Minister under section 4.16 for a grant in fee simple or for the grant of a 25
lease, another claim may not be duly made over the same land. 26
`(10) Nothing in this section prevents the Registrar from accepting an 27
application if-- 28
(a) a claim (the "repeat claim") has been made to the Registrar 29
46
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
under section 4.04 and it appears to the Registrar that the land to 1
which the claim relates is completely or partly the same as land 2
that has previously been claimed (the "previous claim"); and 3
(b) no recommendation was made to the Minister under section 4.16 4
about the previous claim.'. 5
Amendment of s 4.08 (Joint hearing of claims) 6
169D. Section 4.08(c), `made'-- 7
omit, insert-- 8
`referred'. 9
Insertion of new s 4.08A 10
169E. After section 4.08-- 11
insert-- 12
`Repeat claims 13
`4.08A.(1) If a repeat claim mentioned in section 4.06(10) has been 14
referred to the Land Tribunal, the Tribunal may hear the repeat claim only if 15
a presiding member is satisfied that the repeat claim could be established on 16
1 or more grounds mentioned in sections 4.09 to 4.11 because-- 17
(a) the basis on which the repeat claim is made is substantially 18
different to the basis on which the previous claim was made; or 19
(b) information has become available to the Tribunal that was not 20
previously available and, if the information had been available to 21
the Tribunal, it may have affected the decision of the Tribunal on 22
the previous claim.'. 23
Amendment of s 4.17 (Resolution of conflicting claims) 24
169F. Section 4.17(2)-- 25
insert-- 26
47
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
`(2) If more than 1 claim is established and each of the competing claims 1
is established on 1 or more grounds-- 2
(a) if 1 or more of the claims is established on the ground of 3
customary affiliation--a recommendation must not be made in 4
favour of any other group on the ground of historical association 5
or on the ground of economic or cultural viability; and 6
(b) if 1 or more of the claims is established on the ground of 7
historical association--a recommendation must not be made in 8
favour of any other group on the ground of economic or cultural 9
viability.'. 10
Insertion of new s 5.04A 11
169G. After section 5.04-- 12
insert-- 13
`Inclusion of additional areas in deed of grant 14
`5.04A. An additional area of claimable land may be included in a deed 15
of grant or lease made section 5.04 if-- 16
(a) the Minister has consulted with the Torres Strait Islander or 17
Torres Strait Islanders particularly concerned with each area of 18
land; and 19
(b) the Torres Strait Islander or a substantial majority of the Torres 20
Strait Islanders agree that the additional area should be included in 21
the deed of grant or lease.'.'. 22
46. After section 170-- 23
insert-- 24
`Amendment of s 5.18 (Reservations of forest products and quarry 25
material etc.) 26
170A.(1) Section 5.18(1)-- 27
omit, insert-- 28
48
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
`5.18(1) A deed of grant of granted land that was transferred land, and a 1
Torres Strait Islander (transferred land) lease, may contain a reservation to 2
the State of forest products or quarry material above, on or below the 3
surface of the land only if it is declared by regulation that-- 4
(a) the forest products or quarry material is of vital State interest; and 5
(b) the rights in the stated forest products or quarry material is 6
reserved to the State. 7
(2) Section 5.18(4)-- 8
omit, insert-- 9
`(4) If a deed of grant of granted land that was transferred land, or a 10
Torres Strait Islander (transferred land) lease, does not contain a reservation 11
of particular forest products or quarry material above, on or below the land, 12
a regulation declare that-- 13
(a) the forest products or quarry material is of vital State interest; and 14
(b) the rights in the forest products or quarry material are acquired by 15
the State. 16
(3) Section 5.18(5), `an order in council'-- 17
omit, insert-- 18
`a regulation'. 19
Amendment of s 5.20 (National Park subject to lease to State etc.) 20
170B.(1) Section 5.20(1)(b), from `the Governor' to `council,'-- 21
omit, insert-- 22
`are declared by regulation'. 23
(2) Section 5.20(7), from `the Governor' to `council'-- 24
omit, insert-- 25
`regulation'. 26
49
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
Amendment of s 8.10 (Termination of appointment) 1
170C. Section 8.10-- 2
insert-- 3
`(2) Subsection (1)(c) applies only to a non-presiding member.'. 4
Amendment of s 8.20 (Procedure of Tribunal) 5
170D. Section 8.20(1)(b) and (c)-- 6
omit, insert-- 7
`(b) the Tribunal must pursue the objective of performing its functions 8
in a fair, just, economical, informal and prompt way; and 9
(c) the Tribunal must take account of relevant cultural and customary 10
concerns of Torres Strait Islanders; and 11
(d) the Tribunal is not bound by technicalities, legal forms or rules of 12
evidence but may inform itself on anything in any way that it 13
considers appropriate.'. 14
Amendment of s 8.24 (Particular powers of Tribunal) 15
170E. Section 8.24(2), `a presiding member'-- 16
omit, insert-- 17
`the Chairperson, a presiding member, or an officer of the Tribunal 18
authorised in writing by the Chairperson or a presiding member,'.'. 19
47. Section 171, inserted s 8.26A(3), after `reference to the Native Title 20
Tribunal'-- 21
insert-- 22
`to hear and determine the claim'. 23
50
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
48. After section 171-- 1
insert-- 2
`Amendment of s 8.29 (Appeals to Land Appeal Court from decisions 3
of Tribunal) 4
171A.(1) Section 8.29-- 5
insert-- 6
`(3A) If the Chairperson of the Tribunal decides under section 4.06 that a 7
claim is not duly made, the claimant may appeal to the Land Appeal 8
Court.'. 9
(2) Section 8.29(6)(c)(ii), `Tribunal'-- 10
omit, insert-- 11
`Land Appeal Court'.'. 12
49. Section 172-- 13
omit, insert-- 14
`Insertion of new s 8.30A-- 15
172. After section 8.30-- 16
insert-- 17
`Evidence and other findings in other proceedings 18
`8.30A. In a proceeding, the Land Tribunal may-- 19
(a) receive into evidence the transcript of evidence in another 20
proceeding before-- 21
(i) a court; or 22
(ii) the Land Tribunal; or 23
(iii) the National Native Title Tribunal; or 24
(iv) the Native Title Tribunal; or 25
(v) a recognised State/Territory body within the meaning of the 26
Native Title Act 1993 (Cwlth); or 27
51
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
(vi) another entity; 1
and draw conclusions of fact from the transcript; and 2
(b) receive into evidence a document or other thing introduced into 3
evidence in another proceeding before a court, tribunal, body or 4
other entity; and 5
(c) adopt findings, reports, recommendations, decisions, 6
determinations or judgements of a court, tribunal, body or other 7
entity.'. 8
Insertion of new s 8.31A 9
172A. After section 8.31-- 10
insert-- 11
`Continuing authority of member 12
`8.31A. If a member's appointment expires, the appointment continues 13
until the member finishes performing any function started, but not finished, 14
before the expiry of the appointment.'. 15
Repeal of ss 9.05 and 9.09 16
172B. Sections 9.05 and 9.09-- 17
omit. 18
Amendment of s 9.10 (Regulations) 19
172C.(1) Section 9.10(1)-- 20
omit, insert-- 21
`9.10(1) The Governor in Council may make regulations under this 22
Act.'. 23
(2) Section 9.10(2), `Without limiting subsection (1), the'-- 24
omit, insert-- 25
`A'. 26
52
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
Insertion of new s 9.11 1
172D. After section 9.10-- 2
insert-- 3
`Renumbering of Act 4
`9.11 Section 43 (Numbering and renumbering of provisions) of the 5
Reprints Act 1992 must be used in the next reprint of this Act produced 6
under the Reprints Act 1992.'.'. 7
51. Section 176-- 8
omit, insert-- 9
`Amendment of s 44 10
176. Section 44-- 11
insert-- 12
`(1E) For hearing appeals from the Native Title Tribunal, the Land 13
Appeal Court must consist of a Judge of the Supreme Court and 2 14
members of the Land Court each of whom is a presidential member, or is 15
eligible for appointment as a presidential member, of the Tribunal, including 16
(if practicable) at least 1 member of the Tribunal (other than a member who 17
constituted the Tribunal that made the decision appealed against). 18
`(1F) For deciding a question of law referred to it by the Native Title 19
Tribunal, the Land Appeal Court must consist of a Judge of the Supreme 20
Court and 2 members of the Land Court each of whom is a presidential 21
member, or is eligible for appointment as a presidential member, of the 22
Tribunal, including (if practicable) at least 1 member of the Tribunal and 23
may include the member who constituted the Tribunal that referred the 24
question of law. 25
`(1G) The President of the Native Title Tribunal must recommend to the 26
President of the Land Court the member or members of the Tribunal who 27
should, in his or her opinion, sit as a member or members of the Land 28
Appeal Court in an appeal or reference to it under subsection (1E) or (1F). 29
`(1H) The President of the Native Title Tribunal may recommend that 30
53
Native Title (Queensland) Amendment
SCHEDULE 2 (continued)
the President should sit in the appeal or reference. 1
`(1I) In this section-- 2
"Native Title Tribunal" means the Native Title Tribunal established under 3
the Native Title (Queensland) Act 1993.'.'. 4
52. After section 181-- 5
insert-- 6
`PART 14--RENUMBERING OF ACT 7
`Renumbering of Act 8
`182. Section 43 (Numbering and renumbering of provisions) of the 9
Reprints Act 1992 must be used in the next reprint of this Act produced 10
under the Reprints Act 1992.'. 11
12
© State of Queensland 1994
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