Native Title (New South Wales) Act 1994 (NSW)

Native Title (New South Wales) Act 1994 No 45

An Act about native title in relation to land or waters; and for other purposes. WHEREAS— (1) The High Court of Australia, in Mabo and ors v. The State of Queensland (No. 2)(1992) 175 CLR 1, rejected the doctrine that Australia was terra nullius (land belonging to no-one) at the time of European settlement and held that the common law of Australia recognises the native title rights of the indigenous inhabitants of Australia— (2) The Commonwealth Government has enacted the Native Title Act 1993 of the Commonwealth which provides a national scheme for the recognition and protection of native title, the regulation of future dealings with, and claims to, native title and the validation of past State acts invalidated because of the existence of native title— (3) It is the intention of Parliament that New South Wales should participate in the national scheme established by the Commonwealth Government and that the State should validate past State acts invalidated because of the existence of native title. The Legislature of New South Wales enacts:

Part 1 Preliminary

1 Name of Act This Act may be cited as the Native Title (New South Wales) Act 1994.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of this Act The main objects of this Act are— (a) in accordance with the Commonwealth Native Title Act, to validate any past acts, and intermediate period acts, invalidated because of the existence of native title and to confirm certain rights, and (b) to ensure that New South Wales law is consistent with standards set by the Commonwealth Native Title Act for future dealings affecting native title. (c) (Repealed)

4 Definitions (1) In this Act— Commonwealth Native Title Act or NTA means the Native Title Act 1993 of the Commonwealth. State Compulsory Acquisition Act means any of the following laws— • Land Acquisition (Just Terms Compensation) Act 1991 and any enactment that authorises the acquisition of land in accordance with that Act • sections 21 and 22A of the Pipelines Act 1967 • any enactment that effects a compulsory acquisition of land and provides compensation as if the acquisition had been effected by an acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 • Division 2 of Part 12 of the Roads Act 1993 • an Act prescribed by the regulations made under this Act. State Mining Act means any of the following Acts— • Mining Act 1992 • Offshore Minerals Act 1999 • Petroleum (Onshore) Act 1991 • an Act prescribed by the regulations made under this Act. (2) In this Act, the expression Aboriginal peoples includes Torres Strait Islanders.