Native Title (Queensland) Act 1993 (Qld)

Native Title (Queensland) Act 1993

An Act about native title

Preamble (1) Before European settlement, land in what is now the State of Queensland had been occupied, used and enjoyed since time immemorial by Aboriginal people in accordance with Aboriginal tradition, and was occupied, used and enjoyed by Torres Strait Islanders in accordance with Island custom. (2) Land is of spiritual, social, historical, cultural and economic importance to Aboriginal people and Torres Strait Islanders. (3) After European settlement many Aboriginal people were dispossessed and dispersed. (4) However, some Aboriginal people and many Torres Strait Islanders have maintained their ancestors' traditional or customary affiliation with particular areas. (5) The High Court of Australia has— • 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 native title rights of Australia's indigenous inhabitants; and • held that native title is extinguished by valid government acts that are inconsistent with the continued existence of native title rights and interests, such as the grant of freehold or leasehold estates. (6) The Commonwealth Government has proposed legislation to provide a national scheme for the recognition and protection of native title and for its coexistence with the existing land management systems. (7) It is the intention of the Parliament that Queensland should participate in the national scheme proposed by the Commonwealth Government.

Part 1 Preliminary

1 Short title This Act may be cited as the Native Title (Queensland) Act 1993.

2 Commencement (1) This Act (including subsections (3) and (4) of this section) commences on a day to be fixed by proclamation. (2) Section 15C(1) of the Acts Interpretation Act 1954 does not apply to subsections (3) and (4) of this section. (3) The following sections are taken to have commenced immediately after the commencement of section 1.03 of the Aboriginal Land Act 1991— • section 157 (Amended Act) • section 158 (Amendment of s.1.03 (Definitions)) • section 159 (Insertion of new s.1.04A (Meaning of native title interests)) • section 160 (Amendment of s.2.13 (Lands that are available Crown land—general)) • section 161 (Amendment of s.3.06 (Existing interests)) • section 162 (Amendment of s.5.08 (Existing interests)). (4) The following sections are taken to have commenced immediately after the commencement of section 1.04 of the Torres Strait Islander Land Act 1991— • section 165 (Amended Act) • section 166 (Amendment of s.1.04 (Definitions)) • section 167 (Insertion of new s.1.05A (Meaning of native title interests)) • section 168 (Amendment of s.2.10 (Lands that are available Crown land—general)) • section 169 (Amendment of s.3.06 (Existing interests)) • section 170 (Amendment of s.5.08 (Existing interests)).