Preliminary Part 1
Section 4
Intermediate period acts
(5) However, for certain acts (called intermediate period acts) done
mainly before the judgment of the High Court in Wik Peoples v
Queensland (1996) 187 CLR 1, that would be invalid because they
fail to pass any of the future act tests in Division 3 of Part 2, or for
any other reason because of native title, this Act provides for
similar consequences to past acts.
Confirmation of extinguishment of native title
(6) This Act also confirms that many acts done before the High
Court’s judgment, that were either valid, or have been validated
under the past act or intermediate period act provisions, will have
extinguished native title. If the acts are previous exclusive
possession acts (see section 23B), the extinguishment is complete;
if the acts are previous non-exclusive possession acts (see
section 23F), the extinguishment is to the extent of any
inconsistency.
Role of Federal Court and National Native Title Tribunal
(7) This Act also:
(a) provides for the Federal Court to make determinations of
native title and compensation; and
(aa) provides for the Federal Court to refer native title and
compensation applications for mediation; and
(ab) provides for the Federal Court to make orders to give effect
to terms of agreements reached by parties to proceedings
including terms that involve matters other than native title;
and
(b) establishes a National Native Title Tribunal with power to:
(i) make determinations about whether certain future acts
can be done and whether certain agreements concerning
native title are to be covered by the Act; and
(ii) provide assistance or undertake mediation in other
matters relating to native title; and
Compilation No. 47
Native Title Act 1993
3
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021