Statutory Services
Delivering a complete range of statutory services to realise Traditional Owners' aspirations...
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QSNTS provides these services through:
- Native Title Claims
- Future Acts
- Indigenous Land Use Agreements (ILUAs)
- Other Functions Relating To Native Title
Native Title Claims
QSNTS provides legal representation, facilitation and assistance to Aboriginal Peoples and Torres Strait Islanders in consultations, mediation, negotiations, agreement making and court proceedings relating to their native title claim (formally known as Native Title Applications).
These services include assisting and facilitating in the research and preparation of native title claims, which involves determining ‘right people for right country’; resolving disputes that may arise in determining the claim group and certification of the claim for lodgement with the Federal Court.
Claims (Native Title Applications) are made to the Federal Court for determination of native title by a person or people who according to their traditional laws and customs, hold the common rights and interests to particular land and waters.
Future Acts
A future act is a proposed activity that may affect native title land and waters such as mining, exploration, compulsory acquisition, tourism and other developments.
Under the Native Title Act 1993 (Cth) and Aboriginal Cultural Heritage Act 2003 (Qld), a registered native title claim has certain rights, such as the right for Applicants (people who make a native title claim) to be notified and consulted on future acts that may affect their native title rights and interests.
Most future acts are notified under s 24 of the Native Title Act. As the representative service provider for the region, QSNTS receives notices and forwards them on to the Applicant for the relevant registered native title claim. QSNTS provides registered claimants with assistance in understanding the process for commenting on or objecting to the proposed activities.
Activities such as mining, petroleum exploration and compulsory acquisition of land for non-government parties are notified under s 29 of the Native Title Act 1993. Where a Right to Negotiate applies, QSNTS provides a service representing the registered native title Applicants in negotiations and, if necessary, arbitration of future acts.
Future Act services can be requested separately from Native Title Claim services.
Indigenous Land Use Agreements (ILUA)
An ILUA is a negotiated agreement between native title groups and other parties (such as governments, pastoralists and utility companies) about the use and management of land and waters in a certain area. ILUAs are provided for under the Native Title Act 1993 (Cth) and are used as a mechanism to resolve certain native title issues through a negotiated process as an alternative to expensive, time consuming and often uncertain litigation processes. Importantly, a registered ILUA is legally binding on the parties to the agreement as well as all native title holders for that area.
QSNTS provides a range of services related to ILUAs such as facilitation, assistance and representation in negotiating and resolving agreements; and certifying for registration of Indigenous Land Use Agreements.
Other functions relating to native title
QSNTS conducts other functions related to native title that work toward improving the native title system so that it provides opportunities and results for Traditional Owners.
These other functions include:
- Negotiating agreements such as memorandums of understanding. These agreements are between neighbouring representative bodies and service providers. They are put in place to establish cooperative and supportive relationships for dealing with matters such as claims that border two representative body service areas. See News to read more about our new MOU with North Queensland Land Council.
- QSNTS has an active reform agenda and works closely with other native title organisations to make legislative and administrative changes to improve the native title system.
- QSNTS actively works towards providing its clients with information and resources to promote understanding and awareness of changes and developments within the native title system.
- QSNTS has a Capacity Development program to enhance Traditional Owners’ ability to make the most of resources and opportunities to be autonomous and sustainable in managing their native title rights and interests.