What Is A Future Act?

What is a Future Act?

A future act is a proposed activity that may affect native title. Future acts include proposed mining, exploration, compulsory acquisition, tourism and other developments. The future act can be a proposed activity or development on land and or waters that has the potential to affect native title by extinguishing it or by creating interests that are inconsistent with the existence or exercise of native title.

The most common example is the intention to grant mining tenements or to grant permits or permissions to carry out certain activities which can include: 

  • Exploration;
  • Mining;
  • Prospecting;
  • Building public infrastructure;
  • Tourist resorts;
  • Water licences;
  • Some legislative changes; and
  • Some lease renewals.

Under the Native Title Act 1993 (Cth) and the Aboriginal Cultural Heritage Act 2003 (Qld), a native title claim that has been registered or determined has certain rights including the right for the Applicant or PBC to be notified and consulted on future acts that may affect their native title rights and interests.

Future Act Notices

The Native Title Act indicates when notification of the intent to grant tenements, permits, permissions or licences must be given and how that notification must be given. Registered native title claimants have the right to comment on the proposal within the timeframe stated in the notice (usually 28 days). In mining matters, registered native title claimants have the right to negotiate and different timeframes may apply.

Most future acts are notified under s 24 of the Native Title Act. QSNTS provides registered claimants and PBCs 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. Where a right to negotiate applies, QSNTS provides a service representing the registered native title Claimants and PBCs in negotiations and, if necessary, arbitration of future acts.

QSNTS is required to ensure that, as far as reasonably practicable, notices that are received by QSNTS are brought to the attention of any person who we are aware holds or may hold native title in relation to the land or waters as part of QSNTS’ function as a representative body under s 203BG of the Native Title Act.

Our Future Act Services

QSNTS offers services and products to support Traditional Owners seeking assistance with their future acts matters, from informative research around land tenure and mapping, to legal representation, agreement negotiation and dispute resolution. QSNTS can assist Traditional Owners with all of their future acts needs

Our Future Acts Services

 


Future Act Processes

Title Date
Procedure Table
350.3 KB
13 Sep 2013
Right To Negotiate Process
339.8 KB
13 Sep 2013