Native title work procedures
The Native Title Work Procedures enable officers to properly address native title issues prior to every land and resource dealing, eg. the grant of a lease, grant of a commercial fishing licence, construction of a public work on a reserve.
Essentially, the Procedures are aids to decision making and are designed to allow the business of government to proceed while appropriately considering native title and satisfying the requirements of the Commonwealth Native Title Act 1993 (NTA).
The Native Title Work Procedures released in 1998 (1998 Procedures) which are department and agency specific are currently being rewritten by Indigenous Services to reflect current law and policy into one document to be used by whole of government. They follow the order in the Path through Native Title Assessment (the emu path).
The 1998 Procedures were structured in Work Instructions and Attachments while the new Native Title Work Procedures have been structured into Chapters, Modules and Annexures.
Modules and Annexures that have been released are available as a link below. While the New Procedures are being written you will need to read the 1998 Procedures in conjunction with the released Modules and Annexures.
Where a Module or Annexure is available as a link in the table below, it replaces the corresponding Work Instruction or Attachment in the right hand column.
| New Native Title Work Procedures | Version No. | Samples templates and flowcharts. | 1998 Native Title Work Procedures |
|---|---|---|---|
| Introduction (PDF, 158K)* | V1 | Introduction 1.0 | |
| V2 | Path through Native Title Assessment (PDF, 97K)** | Attachment 1 - Process Flowchart | |
| Chapter One - First Considerations | |||
| Introduction (PDF, 95K)** | V1 | Work Instruction 1.0 - Dealings that may proceed without further reference to native title | |
| Module AA - Identification of your proposed dealing and the proposed dealing area (PDF, 151K)** | V1 | No attachment/Work Instruction | |
| Module AB - Dealings that may proceed without further reference to native title (PDF, 166K)** | V3 | Attachment 1.1 - Dealings that may proceed without further reference to native title | |
| Module AC - Is there an Indigenous Land Use Agreement that covers your proposed dealing? (PDF, 203K)** | V1 | No attachment/Work Instruction | |
| Module AD - What does it mean if there is a Native Title Determination over the proposed dealing area? (PDF, 179K)** | V1 | No attachment/Work Instruction | |
| Chapter Two - Exclusive Tenures | |||
| Introduction (PDF, 86K)* | V1 | Work Instruction 2.0 - Dealings that can proceed because native title is extinguished | |
| Module BA - Previous grants and vestings of exclusive possession Part I (PDF, 553K)**(pg1-23) Part II (PDF, 377K)**(pg24-36) |
V1 | Attachment 2.2 - Previous grants of exclusive posession that extinguish native title Attachment 2.4 - Other previous grants that extinguish native title |
|
| Module BB - Can the extinguishing effect of the PEPA be relied upon? (PDF, 81K)* | V3 | Attachment 2.1 - When previous extinguishment is to be disregarded | |
| Module BC - Steps to a Tenure History (PDF, 295K)* | V2 | No attachment/Work Instruction | |
| Chapter Three - Use | |||
| Introduction (PDF, 30K)** | V1 | Work Instruction 2.0 - Dealings that can proceed because native title is extinguished | |
| Module CA - Public Works (PDF, 420K)** | V2 | Attachment 2.3 - Previous uses and developments that have extinguished native title | |
| Module CB - State Road Policy (PDF, 603K)* | V1 | Four tables re- State Road Policy | |
| Module DA - Other Works | (Attachment 2.3.2 - Other Developments and Attachment 2.3.3 - Distributed areas of pre 31 October 1975 mining tenures) | ||
| Chapter Four - Past & Intermediate Period Acts | |||
| Introduction | No attachment/Work Instruction | ||
| Module EA - Past Acts | No attachment/Work Instruction | ||
| Module EB - Intermediate Period Acts | No attachment/Work Instruction | ||
| Chapter Five - Future Acts | |||
| Introduction (PDF, 173K)** | V2 | Work Instruction 4.0 Dealings that Require notification and consideration of responses or other procedural rights before proceeding |
|
| Module F - Section 24FA protection (PDF, 219K)* | V1 | No attachment/Work Instruction | |
| Module GB - Primary production on non-exclusive agricultural or pastoral leases (PDF, 124K)* | V1 | Attachment 3.* - Certain primary production activities on certain pastoral leases Attachment 4.* - Primary production activities which require notification before proceeding |
|
| Module GD - Off-farm activities directly connected to primary production activities (PDF, 100K)** | V1 | Attachment 4.* - Acts permitting off-farm activities directly connected to primary production activities (eg: activities on adjoining reserves and stock routs etc.) | |
| Module GE - Granting rights to take timber and quarry materials on non-exclusive pastoral leases and non-exclusive agricultural leases (PDF, 108K)* | V1 | Attachment 4.* - Granting rights to third parties (including lessees) on non-exclusive agricultural or pastoral leases | |
| Module H - Management or Regulation of Surface and Subterranean Water, Living Aquatic Resources and Airspace (PDF, 52K)** | V1 | Flowchart (PDF, 11K)** | Attachment 4.* - Management of Water and Airspace |
| Module IB - Pre-existing right-based acts (PDF, 168K)* * | V1 | Attachment 4.* - Legally enforcable rights, offers, etc. | |
| Module IC - Renewals, Regrants, Remakes, Extensions of the Term (PDF, 221K)** | V1 | Attachment 4.* - Renewals, extensions etc of leases, licences, permits or authorities | |
| Module J - Reservations, Leases (PDF, 403K)** | V1 | Attachment 4.* - Development of reserves or leases for public purposes Attachment 3.* - Sale of forest products (timber, gravel etc.) from reserves granted for that purpose |
|
| Module K - Facilities for Services to the Public (PDF, 63K)** | V1 | Notification Proforma A (Word, 38 kB) |
Attachment 4.* - Facilities for Services to the Public |
| Module L - Low Impact Future Acts (PDF, 255K)** | V1 | Flowchart (PDF, 54K)** | Attachment 3.1 - Certain low impact future acts and certain permissible future acts |
| Module M - Freehold Test, Acquisitions, Mining | Attachment 4.* - Acts that pass the freehold test Attachment 5.4 - Developments for public purpose - compulsory acquisition |
||
| Module N - Off-shore Places | No attachment/Work Instruction | ||
Module O - Your proposed future act is not covered by the preceding Modules - how can it be done validly (PDF, 27K)** |
V1 | No attachment/Work Instruction | |
| Chapter Six - ILUAs, RTNs & Non-claimant Applications | |||
| Introduction | Work Instruction 5.0 - Other future act options | ||
| Module P - Future acts that attract the Right to Negotiate process | Work Instruction 5.0 - Other future act options | ||
| Module Q - Indigenous Land Use Agreements | Work Instruction 5.0 - Other future act options Attachment 109 - Indigenous Land Use Agreements |
||
| Module R - Non-claimant applications (PDF, 99K)* | V1 | Work Instruction 5.0 - Other future act options | |
| Chapter Seven - Pro formas and Templates | |||
| Introduction | No attachment/Work Instruction | ||
| Annexure 7.1 -Native Title Assessment Form (PDF, 55K)* Native Title Assessment Form (Word, 228 kB) |
V2 | Attachment 101 - Native Title Work Procedures - Documented Decisions/Responsibilities | |
| Annexure 7.2 - Notification and opportunity to comment process for certain future acts (PDF, 27K)** | V1 | Attachment 104 - Notifying Native Title Holders | |
| Annexure 7.3 - Future act notification templates, samples and explanations (PDF, 458K)** | V1 | Template Notification: Template Class Notification: |
Attachment 104 - Notifying Native Title Holders |
| Annexure 7.4 - Cost-Benefit - Analysis for Future Act Options | Attachment 108 - Information regarding cost benefit analysis supporting recommended future | ||
| Annexure 7.9 - Entering data in to QNTIME for research boundaries and research items (PDF, 318K)* | V1 | ||
| Annexure 7.10 - Requesting conclusions for research items in QNTIME (PDF, 106K)* | V1 | ||
| Annexure 7.11 - Requesting advice from the Policy unit of Indigenous Services for proposed dealings over a particular proposed dealing area (PDF, 49K)** | V1 | No attachment/Work Instruction | |
| Chapter Eight - Miscellaneous | |||
| Introduction | No attachment/Work Instruction | ||
| Annexure 8.1 - Glossary of Terms | Introduction - 6.0 Definitions | ||
| Annexure 8.2 - Delegations and Responsibilities (PDF, 41K)* | V1 | Attachment 102 - Delegated Authority | |
| Annexure 8.3 - Supporting documentation for native title assessments (PDF, 47K)** | V1 | Attachment 100 - Examples of Documentation which must be obtained to support decisions (dealing approved or not approved) | |
| Annexure 8.4 - Queensland Native Title Representative Bodies and Areas (PDF, 29K)* | V5 | Attachment 106 - Contact list - Queensland Native Title Representative Bodies and Accompanying Map | |
| Annexure 8.5 - Consideration of Comments and Submissions in Response to Future Act Notifications (PDF, 30K)** | V1 | Attachment 105 - Considering comments by registering native title bodies corporate, registered native title claimants and Aboriginal and Torres Strait Islander Representative Bodies | |
| Annexure 8.6 - Mining or not Mining? - That is the Question! | No attachment/Work Instruction | ||
| Annexure 8.7 - Government Land Dealings | Attachment 110 - Government Land management System Dealings | ||
| Annexure 8.8 - Native Title and the Integrated Planning Act 1997 | Attachment 107 - Native title and the Integrated Planning Act 1997 | ||
| Attachments that have been deleted from the 1998 Native Title Work Procedures and have NOT been replaced by the New Native Title Work Procedures | |||
| Attachment 3.* - Dredging to obtain sand and gravel | |||
| Attachment 111 - Construction of Boat Ramps, Jetties and Pontoons | |||
If you experience difficulty downloading any of these documents, or would like a copy sent via mail, please contact:
Indigenous Services
GPO Box 2454, Brisbane Qld 4001
(07) 3896 3154
* Requires Acrobat Reader
Last updated: 16 February 2009