Native title

How to claim

Representative Body

When claiming a native title the first step should be to get in touch with the local native title representative body. In the Goldfields-Esperance region this is the Goldfields Land and Sea Council, the Federal Government’s official representative body for native title in the region.

The representative body will help to formulate the claim and is able to provide useful information, such as whether any other claims would overlap the proposed native title claim.

Making claim for native title is a complex process. For example, the amendments to the Native Title Act 1993 have imposed a rigorous process on claimants for the initial registration of their claims. If you are contemplating making a claim in the Goldfields you should first contact the Goldfields Land and Sea Council’s Principal Legal Officer, Mr Ambrose Cummins on telephone number (08) 9263 8700.

Filing an application

As a first step, all native title applications need to be filed with the Federal Court (this used to be done with the National Native Title Tribunal - NNTT).

All applications filed on or after 30 September 1998 (commencement date of the amended Act) that comply with Federal Court requirements will then be referred to the NNTT to be considered for registration.

All applications lodged on or after 27 June 1996 (the starting date of the Native Title Act amendment process in Parliament ) must be considered for registration under the new registration test. Applications lodged before this date must also be considered for registration under the new test, if the application includes some freehold or leasehold land.

All applications lodged before 30 September 1998 over land or waters affected by the issuing of a notice under the ‘right to negotiate’ provisions must undergo the new registration test.

Passing the registration test allows the native title claim group to:

• Access the right to negotiate;
• Oppose non-claimant applications over the same area;
• Confirm access rights over non-exclusive pastoral and agricultural leases, where these rights existed on 23 December 1996 (the date of the High Court's Wik decision); and
• Gain the benefit of certain other procedural rights, including the right to comment or to be consulted regarding certain dealings in land.

All applications lodged before 30 September 1998 retain the right to negotiate until they are considered for registration under the new test. The right to negotiate continues if they pass the test.

Native title applications that fail the test will be removed from the Register of Native Title Claims.