NTSCORP is located on the lands of the Gadigal people. We pay our respects to Elders past and present and extend that respect to all Traditional Owners across NSW and the ACT.

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Native title and
future acts

Understanding future acts is key to protecting native title. We provide support, advice and representation to ensure Traditional Owners have a voice in decisions that affect their country.

What is a future act?

In native title, a ‘future act’ is a proposed act on land or waters that will affect native title rights and interests.

This can include:

  • exploration and mining
  • building public infrastructure
  • water licenses
  • some legislative changes, and
  • some lease renewals.

How does the future acts regime work?

The Native Title Act 1993 (Cth) (Native Title Act) sets out the processes that the state, territory or federal government must follow before a future act is done.

This is often called the ‘future acts regime.’ The future acts regime gives native title parties certain rights in relation to future acts. These rights are called ‘procedural rights,’ and can include the right to:

  • comment
  • be consulted
  • object, or
  • negotiate about future acts which other parties (e.g. mining companies) want to undertake within the native title claim or determination area.

The kind of procedural rights that a native title party will have depends on the type of future act being proposed. For example, activities such as the development of government buildings or public facilities will generally only give a native title party the right to be notified of and comment about the future act. For activities such as mining or gas production, as well as for some compulsory acquisitions of land, a native title party may have the right to negotiate about the future act.

What is a native title party?

Under the Native Title Act, ‘native title parties’ are the parties who have claimed or secured native title over the area where the future act is being proposed. They are the parties who have procedural rights in relation to future acts.

There are 2 types of native title parties – native title claimants with a registered native title claim (registered native title claimants), and prescribed bodies corporate (PBCs).

What is the right to negotiate?

The ‘right to negotiate’ is one of the strongest procedural rights under the Native Title Act. It gives native title parties an opportunity to negotiate with the government or company about the activities they are proposing, and the right to have their say about the future act. It does not give native title parties the power to ‘veto’ or say no to the future act being done.

What triggers the right to negotiate?

The right to negotiate is triggered when the government issues what is called a ‘section 29 notice,’ which is a notice stating that the government intends to grant an interest or do a future act that is subject to the right to negotiate. The notice is placed in major newspapers and is sent to relevant native title parties.

What is the negotiation process?

If the right to negotiate applies, the government, the proponent (i.e. the organisation who is planning the proposed development) and the native title party must negotiate in good faith for at least 6 months about the proposed future act. The parties negotiate about the effects of the proposed development on native title rights and interests, and must try to reach an agreement about how the future act can go ahead.

The parties can ask the National Native Title Tribunal (NNTT) to mediate during the negotiations. If the negotiations do not result in an agreement within 6 months after the section 29 notice was issued, any party can ask the NNTT to make a decision about whether the future act can go ahead and on what conditions.

What future act services does NTSCORP provide?

As a native title service provider, NTSCORP provides a variety of future act services to Traditional Owners in NSW and the ACT.

These services include:

  • notification of future acts
  • helping with consultations, mediations, negotiations, and court cases relating to future acts, and
  • resolving disputes about future acts.
    Notification of future acts

    The NTSCORP legal team is responsible for the timely notification of activities that may affect Traditional Owners in NSW and the ACT. When NTSCORP receives notices of proposed activities (future acts) by government which could affect native title, the legal team makes sure that Aboriginal stakeholders such as native title claimant groups, Local Aboriginal Land Councils, Elders groups, Aboriginal corporations, and other relevant individuals are informed of those activities.

    There are many different types of activities that NTSCORP provides future act notifications for, including:

    • compulsory acquisitions
    • exploration licence applications, and
    • mining lease applications.

    Staying informed about activities affecting native title

    While NTSCORP makes all efforts to notify people about activities that may affect them, we can only do this with your assistance. If you feel that you should be notified about activities within an area, please contact us.

    For proponents who wish to notify traditional owners of activities that may affect native title, please email us at notifications@ntscorp.com.au

    The above is intended to provide general information only and should not be relied on as legal advice.