Future Act Applications (Native Title Act 1993 (Cth)) (Australia)
SummaryFuture Act Applications are one of several types of application that can be made to the National Native Title Tribunal under the future act provisions of the Native Title Act 1993 (Cth) (these provisions deal with proposed activities that may affect native title).
Extended DefinitionSeveral types of applications can be made to the National Native Title Tribunal under the future act provisions of the Native Title Act 1993 (Cth) (these provisions deal with proposed activities that may affect native title):
Future Act Determination Application (FADA)
This is an application made by a party to future act negotiations for the Tribunal to determine whether a proposed future act can be done, with or without conditions. A FADA, also called a Form 5, can only be lodged after six months of negotiations between the parties. Following lodgement of a FADA, the Tribunal will conduct an inquiry (arbitration), then make a determination.
This is an application made by a native title party to object to the assertion by a state or territory that the “expedited procedure” applies to a proposed future act. The expedited procedure may apply to a future act if it does not affect native title. In this case, native title parties do not have the right to negotiate about the act. An Objection Application (or Form 4) may be lodged following a notice made by a government that they intend to do a future act and they consider it attracts the expedited procedure (a section 29 notice).
Future Act Mediation request
Any party involved in future act negotiations can make a request in writing to the Tribunal to mediate the matter to assist parties to reach an agreement about doing a future act. If parties can not reach agreement they may later lodge a FADA.