Premier & Cabinet

Type:
Premier's Memorandum
Identifier:
M1995-43
Status:
Archived

M1995-43 Handling of Claims to Native Title

Detailed Outline

The Minister for Land and Water Conservation has been appointed as "State Minister" for the purposes of the Commonwealth Native Title Act 1993 ("the Commonwealth Act"). In this capacity, the Minister is entitled to become a party to applications for determination of native title. Normally, the Minister for Land and Water Conservation will have the primary conduct of claims and will instruct legal advisers on behalf of the Government generally. In addition to situations where a claim is made for native title, the question of the existence of native title in land is most likely to arise in relation to lands of the Crown where there has been no past act, such as a grant of freehold title, to extinguish native title.

Where-

  • a claim is made under the Commonwealth Act in respect of lands of a Department or agency;or
  • there is proposed to be a dealing with land of the. Crown where native title may exist; or
  • there is otherwise an indication that native title interests are claimed or could be affected,

Ministers are asked to ensure that the Department Head or chief executive officer immediately notifies the Director-General, Department of Land and Water Conservation.

An initial title or tenure search may readily resolve the issue. In other cases, the Department may advise on procedures available under the Commonwealth Act to ensure the validity of any future acts. Involvement of the Department of Land and Water Condensation as soon as a claim to native title is made (or as soon as there is an awareness that it may be an issue in relation to particular land) will ensure a consistent approach to native title matters and a sensible utilisation of resources and expertise. The co-operation of Ministers is sought in ensuring that the above procedures are followed by all bodies falling within their administration.

Premier

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Jul 5, 2006
Review Date
Jul 5, 2016
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet