Native title is defined as the rights and interests that are possessed under the traditional laws and customs of Aboriginal and Torres Strait Islander peoples and that are recognised by common law.
In some areas, native title has been deemed to be extinguished, such as on freehold land, but in other areas native title continues to be active. When making an application for a resource permit, we undertake searches to determine if the permit area is subject to native title.
The mapping system and Land availability report in Step 3 will provide a preliminary indication on the extent of any intersect with land where native title rights may exist. Where the area does intersect with native title rights and interests, the application will have to address these rights under the Native Title Act (1993) Cth (NTA).
There are a variety of options available to address native title rights and interests pursuant to the Native Title Act (1993) Cth (NTA) and outlined in further detail in the Guide to the Native Title process. While there are several options listed on the application form, for exploration permits under the MRA, the most common processes are either:
Where less than 10% of the area is subject to native title, if may be possible to have the area impacted by native title excluded from your permit area .Refer to Policy 6/2012: Excluding land subject to native title to determine if this policy may be applied to your application.
If that process requires notifications to be made (advertising of the application) you will be asked to pay the associated (estimated) advertising fees at the time the application is made.
You will also be asked to indicate how you would like the department to process any overpayment of advertising monies, should an overpayment be made. Any overpayments can be refunded, or credited to first years rent.
Further information on the native title process can be found in the Guide to the Native Title process, available on our website. This guide should be read in conjunction with any supporting operational policies. For more information, go to the Guidelines website.
1. Click Step 6: Native title from the My Permit Applications tab. The Native title assessment screen displays.
2. Select one of the following:
a. Select No native title process required as I have determined that less than 10% of the area is native title and does not include a whole sub-block. I understand that the area subject to native title will be excluded from the permit area.
b. Select Yes I elect to undertake a native title process and then select one of the native title processes:
- Expedited. The Expedited process screen displays. For more information, go to Native title expedited.
- Expedited and ILUA
- Right to Negotiate. The Right to negotiate process screen displays. For more information, go to Native title right to negotiate.
- Right to Negotiate and ILUA
- Negotiate New Private ILUA
- Existing Private ILUA
- Opt into State ILUA
3. Click Next. If applicable to your selected Native title process, the Native title advertisement options screen displays. For more information, go to Native title advertising.
4. Click Next. The Native title process summary screen displays. Confirm the information on the screen.
5. Click Save.