Future Act (Native Title Act 1993 (Cth)) (Australia)


'Future Act' is a term used in the Native Title Act 1993 (Cth) (the NTA) to describe a proposed activity that may affect native title.

A future act is any act that involves the granting of any right to conduct a proposed activity or development on land and/or waters that affects native title rights and interests – it is an act which may affect native title in the future.

Extended Definition

Different types of future acts are treated differently under the NTA. The National Native Title Tribunal’s Glossary of native title terms entry for ‘Future Act’ explains that generally native title claimants are given the right to be informed and consulted about a future act, but they may be given the right to negotiate - 'in the case of some future acts including the grant of mining or exploration rights and some compulsory acquisitions of native title, the future act can not validly be done unless the right to negotiate process in the Native Title Act is followed.'

Part 2, Division 3, of the NTA covers future acts and contains the future act provisions. Section 233 of the Act contains a definition of 'future act'.