Native Title (State Provisions) Act 1999 (WA)

Western Australia Native Title (State Provisions) Act 1999 Western Australia Native Title (State Provisions) Act 1999 Contents Part 1 — Preliminary 1.1. Short title 2 1.2. Commencement 2 1.3. Objects 3 1.4. Act binds the Crown 3 1.5. Interpretation 3 1.6. Performance of certain functions on behalf of Minister 5 1.7. Replacement of person as objector etc. 6 1.8. Objector ceasing to be a registered native title claimant 6 Part 2 — Consultation procedures for alternative provision areas Division 1 — Preliminary 2.1. Definitions 8 2.2. Request for determination under section 43A of the NTA 8 2.3. Transitional provisions 8 2.4. Object of this Part 8 Division 2 — Relevant future acts and their validity 2.5. Acts to which this Part applies 8 2.6. Circumstances in which act is not valid 8 2.7. Part 3 may be applied to a Part 2 act 8 2.8. Other statutory requirements not affected 9 Division 3 — Notices and objections 2.9. Proponent where act relates to mining 9 2.10. Identification of proponents in other cases 9 2.11. Closing day for objections 9 2.12. Notification of acts 9 2.13. Further provision as to notices 9 2.14. Who gives notice 9 2.15. Prescribed provisions about notice 9 2.16. Right to object to doing of act 9 2.17. Requirements for objections 9 2.18. Time limit 10 2.19. Government party to notify the Commission of objections 10 2.20. Withdrawal of request etc. by proponent 10 2.21. Withdrawal of proposal by Government party 10 Division 4 — Consultation and agreements 2.22. Meaning of "consultation parties" 10 2.23. Consultation 10 2.24. Involvement of Commission, including mediation 10 2.25. Withdrawal of objection 10 2.26. Agreement made by parties 10 Division 5 — Recommendations of the Commission 2.27. Commission may notify intention to hear 10 2.28. Consultations may continue 11 2.29. Dismissal of objections 11 2.30. Time for making recommendation 11 2.31. No recommendation if agreement etc. 11 2.32. Making of recommendation 11 2.33. Criteria for making recommendations 11 2.34. Issues on which parties agree 11 2.35. Copy of recommendation to be given 11 2.36. Effect of recommendation 11 2.37. Effect of recommendation that specifies conditions 11 Division 6 — Overruling of recommendations 2.38. Responsible Minister may overrule a recommendation 12 2.39. Determinations that responsible Minister may make 12 2.40. Consultation before making of determination 12 2.41. Ground on which determination may be made 12 2.42. Conditions in determination 12 2.43. Copy of determination to be laid before Parliament 12 2.44. Responsible Minister may declare intention not to overrule 12 Division 7 — Applications 2.45. Definition 12 2.46. Form and contents of application 12 2.47. Material and fees to accompany applications 12 2.48. Application fee may be waived 13 Division 8 — Judicial review 2.49. Application for review 13 2.50. Time limit for application 13 2.51. Procedure 13 2.52. Grounds on which application may be made 13 2.53. Powers of Court 13 2.54. Effect on other remedies 13 Part 3 — Right to negotiate procedures for areas not covered by Part 2 Division 1 — Preliminary 3.1. Request for determination under section 43(1)(b) of the NTA 14 3.2. Transitional provisions 14 3.3. Object of this Part 14 Division 2 — Relevant future acts and their validity 3.4. Acts to which this Part applies 14 3.5. Circumstances in which act is not valid 14 3.6. Other statutory requirements not affected 14 Division 3 — Notices and objections 3.7. Proponent where act relates to mining 14 3.8. Identification of proponents in other cases 15 3.9. Closing day for objections 15 3.10. Notification of acts 15 3.11. Further provision as to notices 15 3.12. Notice may relate to 2 or more acts 15 3.13. Who gives notice 15 3.14. Prescribed provisions about notice 15 3.15. Right to object to doing of act 15 3.16. Requirements for objections 15 3.17. Time limit 15 3.18. Government party to notify the Commission of objections 15 3.19. Withdrawal of request etc. by proponent 16 3.20. Withdrawal of proposal by Government party 16 Division 4 — Negotiations and agreements 3.21. Meaning of "negotiation parties" 16 3.22. Negotiations 16 3.23. Involvement of Commission, including mediation 16 3.24. Withdrawal of objection 16 3.25. Agreement made by parties 16 3.26. Commission's function in respect of an agreement 16 3.27. Effect of conditional agreement 16 Division 5 — Determinations Subdivision 1 — Ministerial determination where Commission determination unreasonably delayed 3.28. Responsible Minister may give Commission notice as to urgency 17 3.29. Responsible Minister may make determination 17 3.30. Grounds for making determination 17 3.31. Consultation with Commonwealth Minister 17 3.32. Notice and submissions etc. 17 3.33. Material etc. taken into account 17 3.34. Minister's power not limited 17 3.35. No duty to make determination 17 3.36. Conditions to have contractual effect 17 3.37. Copy of determination to be given 18 3.38. Copy of determination to be laid before Parliament 18 Subdivision 2 — Determination by Commission 3.39. Commission may notify intention to hear 18 3.40. Negotiations may continue 18 3.41. Dismissal of objections 18 3.42. Time for making determination 18 3.43. No determination if agreement etc. 18 3.44. Making of determination 18 3.45. Criteria for making determinations 18 3.46. Issues on which parties agree 18 3.47. Determination may provide for issues to be resolved later 19 3.48. No reopening of certain issues previously decided 19 3.49 Copy of determination to be given 19 3.50. Effect of conditional determination 19 Division 6 — Overruling of Commission's determination 3.51. Responsible Minister may overrule 19 3.52. Declarations that responsible Minister may make 19 3.53. Grounds on which declaration may be made 19 3.54. Conditions in declaration 19 3.55. Copy of declaration to be laid before Parliament 19 3.56. Responsible Minister may declare intention not to overrule 19 Division 7 — Applications 3.57. Definition 20 3.58. Form and contents of application 20 3.59. Material and fees to accompany applications 20 3.60. Application fee may be waived 20 Part 4 — Consultation procedures for acts to which section 24MD(6B) of the NTA applies Division 1 — Preliminary 4.1. Object of this Part 21 4.2. Acts to which this Part applies 21 4.3. Requirements to be satisfied before a Part 4 act is done 21 4.4. Other statutory requirements not affected 21 Division 2 — Notices and objections 4.5. Proponent where act relates to mining 21 4.6. Identification of proponents in other cases 21 4.7. Closing day for objections 21 4.8. Notification of acts by Government party 21 4.9. Further provision as to notices 21 4.10. Prescribed provisions about notice 22 4.11. Right to object to doing of act 22 4.12. Requirements for objections 22 4.13. Time limit 22 4.14. Government party to notify the Commission of objections 22 4.15. Withdrawal of request etc. by proponent 22 4.16. Withdrawal of proposal by Government party 22 Division 3 — Consultation and agreements 4.17. Meaning of "consultation parties" 22 4.18. Consultation 22 4.19. Involvement of Commission, including mediation 22 4.20. Withdrawal of objection 23 4.21. Agreement made by parties 23 Division 4 — Recommendations of the Commission 4.22. Commission may notify intention to hear 23 4.23. Consultations may continue 23 4.24. Dismissal of objections 23 4.25. Time for making recommendation 23 4.26. No recommendation if agreement etc. 23 4.27. Making of recommendation 23 4.28. Criteria for making recommendations 23 4.29. Issues on which parties agree 23 4.30. Copy of recommendation to be given 24 4.31. Effect of recommendation 24 4.32. Effect of recommendation that specifies conditions 24 Division 5 — Overruling of recommendations 4.33. Responsible Minister may overrule a recommendation 24 4.34. Determinations that responsible Minister may make 24 4.35. Consultation before making of determination 24 4.36. Ground on which determination may be made 24 4.37. Conditions in determination 24 4.38. Copy of determination to be laid before Parliament 24 4.39. Responsible Minister may declare intention not to overrule 24 Division 6 — Applications 4.40. Definition 25 4.41. Form and contents of application 25 4.42. Material and fees to accompany applications 25 4.43. Application fee may be waived 25 Part 5 — Provisions relating to compensation Division 1 — Preliminary 5.1. Definition 26 Division 2 — Determination of compensation 5.2. Commission to determine compensation for certain acts 26 5.3. Parties may agree on compensation 26 5.4. Enforcement of order for compensation 26 Division 3 — Principles to be applied in the determination of compensation 5.5. No multiple compensation for essentially same act 26 5.6. Compensation principles to be as for ordinary title 26 5.7. Compensation to be monetary 26 5.8. Requests for non‑monetary compensation 26 Division 4 — Determination of amounts to be held in trust and payment of those amounts 5.9. Conditions for payment of amounts to be held in trust 27 5.10. How amounts held in trust to be dealt with 27 5.11. Section 5.10(a) or (b) cases 27 5.12. Section 5.10(c) cases 27 5.13. Section 5.10(d) cases where monetary compensation 27 5.14. Section 5.10(d) cases where non‑monetary compensation 27 5.15. Section 5.10(d) cases where no compensation 27 5.16. Section 5.10(e) cases 27 5.17. Jurisdiction of the Commission under this Division 27 Part 6 — Native Title Commission Division 1 — Commission established 6.1. Establishment of Commission 28 6.2. Functions of Commission 28 6.3. Requirements for fairness etc. to be observed 28 6.4. Membership of the Commission 28 6.5. Eligibility for appointment as Chief Commissioner 28 6.6. Appointment of member of NNTT 28 6.7. Qualifications for appointment 28 6.8. Ordinary members, notice of proposed appointment 28 6.9. Administrative functions of Chief Commissioner 28 6.10. Authorization of Chief Commissioner for purposes of section 199F of the NTA 29 6.11. Delegation to members 29 6.12. Other provisions relating to members 29 Division 2 — Staff of the Commission 6.13. Use of government staff etc. 29 6.14. Consultants 29 Division 3 — Operation of Commission Subdivision 1 — How Commission to be constituted 6.15. General position 29 6.16. Constitution of Commission for the performance of certain functions 29 6.17. Concurrent operations 29 Subdivision 2 — Arrangement of business 6.18. Arrangement of business of the Commission 30 6.19. Unavailability of member 30 6.20. Completion of part‑heard proceedings 30 Subdivision 3 — Hearings 6.21. Commission to hold hearings 30 6.22. Commission may determine whether matters are to be grouped together 30 6.23. Opportunity to make submissions 30 6.24. Questions to be decided by majority 30 6.25. Representation before Commission 30 6.26. Participation by telephone, etc. 30 6.27. Hearings normally to be public 30 Subdivision 4 — Evidence and information 6.28. Evidence and findings of other bodies 31 6.29. Commission may prohibit disclosure of evidence 31 6.30. Power of Commission to summon 31 6.31. Power of Commission to take evidence 31 6.32. Power of the Commission to require answers 31 6.33. Commission may authorize another person to take evidence 31 6.34. Interpreters 31 6.35. Retention and copying of documents 31 Subdivision 5 — Recommendations and determinations 6.36. Recommendations and determinations 31 Division 4 — Financial provisions 6.37. Funds for carrying out this Act 32 6.38. Native Title Commission Account 32 6.39. Application of Financial Administration and Audit Act 1985 32 Division 5 — General 6.40. Communication of information in certain cases 32 6.41. Reference of question of law to the Supreme Court 32 6.42. Offences 32 6.43. Disclosure of interests 32 6.44. Protection of members and persons appearing before the Commission 32 6.45. Confidentiality 32 Part 7 — Miscellaneous 7.1. Regulations 33 7.2. Review of Act 33 7.3. Consequential amendments 33 7.4. Transitional provisions 33 Schedule 1 — Provisions relating to members of the Commission Schedule 2 — Consequential amendments Schedule 3 — Transitional provisions Division 1 — Existing applications for mining tenements 1. Definition 37 2. Regulations may modify certain provisions 37 3. Programme for dealing with existing mining applications 37 Division 2 — Matters in progress under section 24MD(6B) of the NTA 4. Definition 38 5. Regulations may make transitional provisions 38 Notes Compilation table 40 Uncommenced provisions table 40 Defined terms Western Australia Native Title (State Provisions) Act 1999 An Act to make — * alternative provisions to those contained in Part 2 Division 3 Subdivision P of the Native Title Act 1993 of the Commonwealth, in accordance with sections 43 and 43A of that Act; * provisions that are supplementary to those in section 24MD(6B) of that Act; and * provision for delegations in respect of the State under section 199F of that Act, to consequentially amend certain Acts, and for related purposes.