The Commonwealth Parliament recently enacted extensive amendments to its Native Title Act. These amendments will come into effect on 30 September 1998.

In many cases these amendments impose procedural obligations on State agencies and Ministers when exercising their powers in relation to the use of land or waters. If these obligations are not complied with, the act will be invalid to the extent that it affects native title. This could lead to the grant of invalid leases, licences or permits.

Accordingly, all Departments, agencies, statutory authorities and state owned corporations are advised that if they have dealings with land or water over which native title may continue to exist they should revise their procedures to ensure compliance with the requirements of the Native Title Act (as amended), and should seek legal advice where necessary.

Future activities over native title land which may give rise to new procedures include:

• compulsory acquisitions (particularly where it is for the purpose of conferring rights on a third party for the construction of public infrastructure);
• dealings in relation to pastoral or agricultural leases (including the extraction of gravel or removal of timber from such a lease);
• the grant of a lease, licence, permit or authority that relates to the management of surface and subterranean water, living aquatic resources or airspace;
• the renewal, re-grant or extension of any lease, licence, permit or authority which does not confer a right of exclusive possession over the land or waters concerned;
• the construction of a public work on a reserve or the establishment of a management plan for a national park; and
• the construction of facilities for services to the public (e.g. roads, railways, bridges, wharves, navigation markers, electricity and gas transmission or distribution facilities, pipelines, drainage facilities, irrigation channels, sewerage facilities, cables, antennas and communications facilities).

A copy of the Native Title Act (as amended) can be found on the internet at http://www.nntt.gov.au.

R B Wilkins Contact: Anne Twomey (telephone: 9228 5543)

Director-General Date: 21 August 1998