Native Title Registers

Summary

Under the Native Title Act 1993 (Cth), the Native Title Registrar maintains three registers of native title information:

  • The Register of Native Title Claims (RNTC);
  • The National Native Title Register (NNTR); and
  • The Register of Indigenous Land Use Agreements (Register of ILUAs).

    The registers are maintained electronically and held in each registry of the National Native Title Tribunal. The information on the registers is also maintained as a spatial record, which depicts the boundaries of applications, claims, determinations and ILUAs recorded on the registers.

    Extended Definition

    The RNTC contains information about registered native title claims - claims that satisfy the conditions of the registration test or that were registered before 30 September 1998. The registration test is applied by the Native Title Registrar or delegates and the registration test reasons for decisions (edited) are published on the National Native Title Tribunal website. Registered native title claimants have the right to negotiate or be consulted about certain future acts. When a claim is dismissed, struck-out, withdrawn, or determined, it is finalised and removed from the RNTC.

    The NNTR contains information about all determinations of native title. This information is provided by the Federal Court or recognised body that makes the determination. The record of a determination on the NNTR includes details of:
    - the area covered by a determination;
    - whether native title exists in all, part or none of the determination area;
    - the native title holders;
    - the native title rights and interests; and
    other rights and interests in the area.

    If native title is determined to exist, a registered native title body corporate (the 'prescribed body corporate' or PBC) determined for the area will be recorded. Once the PBC is registered, the area is removed from the RNTC.

    The Register of ILUAs contains information on all agreements about native title that have been registered as Indigenous Land Use Agreements. The record of the ILUA on the Register includes:
    - a description of the area covered;
    - the names of parties to the agreement;
    - the period of operation; and
    - any statements about extinguishment of native title or validation of future acts contained in the agreement.

    A member of the public can get an extract of any entry on any of the registers from the National Native Title Tribunal.

    The Native Title Registrar also maintains records of all native title applications filed in the Federal Court, including those that are not currently registered on the RNTC. Application summaries can be obtained from the National Native Title Tribunal.