Proposed amendments to the Native Title Act 1993

It's been almost 20 years since the introduction of the Native Title Act 1993 (the Act). Despite this, many parts of the Act are still unclear and require determination from the National Native Title Tribunal: in particular, the requirement to negotiate in good faith provisions.

The "right to negotiate" is a process that can apply to parties seeking approval to use land (usually related to mining) which is, or is likely to be, subject to native title, where the parties' actions would adversely affect native title rights. The right to negotiate procedure is not a right to veto or stop a project going ahead, but is a right for native title parties to have a say in the project and the use of the land.