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State and territory alternative to 'right to negotiate'

States and territories may legislate for alternative procedures to the ‘right to negotiate’ set out in the Native Title Act 1993 (the Act). The state and territory procedures will be effective if the relevant Commonwealth Minister makes a determination under section 43 of the Act that the state and territory procedures comply with the Act. States and territories can also seek an exemption from the application of the ‘right to negotiate’ when specific conditions are met.

South Australia legislated alternative procedures that have been determined to comply with the Act. New South Wales has legislated some exemptions from the application of the ‘right to negotiate’ determined to comply with the Act.

South Australia

The following determinations have been made under the Act in relation to the South Australian legislation:

New South Wales

The following determinations have been made under the Act in relation to New South Wales legislation: