The purpose of this Act is to consolidate statutory provisions dealing with the ownership, use and management of Crown land into one Act. The objects of the Act include facilitating Aboriginal people’s use of Crown land, with emphasis on the co-management of Crown land where appropriate.
The Act introduces a number of reforms including special provisions to protect native title rights and interests. Division 1.9 clarifies that native title rights and interests are preserved even where land is vested in the Crown. Although, Division 8.2 enables the Minister to issue a certificate for specified Crown land or former Crown land stating that, after investigation, there is evidence to show that native title rights and interests do not exist or have been extinguished. The certificates deem the relevant as ‘excluded land’ which is subject to different management requirements to ‘relevant land’.
Any requirements of native title legislation are not affected by the issuing of a certificate and a certificate must be revoked if the land becomes subject to a native title determination. Division 8.3 requires responsible persons for relevant land to engage native title managers to provide advice on actions that may affect native title rights and interests. Division 8.4 creates compensation responsibilities for persons engaged in relevant conduct (conduct of a local council or non-council manager in connection with any dedicated or reserved Crown land for which it is or was a Crown land manager) concerning native title rights and interests.
For further information please see the Explanatory Statement, the Second Reading Speech from the Legislative Assembly and the Second Reading Speech from the Legislative Council.