AustraliaI want to develop land but there's a native title determination over it. Can I still proceed?
You may still develop the land, but only after complying with native title procedural rights — including giving notice, negotiating in good faith, and potentially obtaining consent or a future act determination.
What the Law Says
The Native Title Act 1993 (Cth) governs how development can proceed over land where native title has been determined to exist. It sets out strict procedural requirements for 'future acts' — including grants of leases, mining rights, or infrastructure works — that affect native title.
A 'future act' is any activity that affects native title rights — such as granting a mining lease, approving a development application, or constructing public infrastructure. Under the Act, such acts are only valid if they comply with the law’s procedural protections.
If native title has been determined to exist over your land, you must give written notice to the registered native title body corporate (RNTBC) or prescribed body (NPWS), and allow time for negotiation. The parties must negotiate in good faith for at least six months before seeking arbitration or ministerial determination.
In some cases — like compulsory acquisition for public purposes — the government must obtain the full consent of all native title holders. Without consent, the act may be invalid or subject to compensation claims.
Statutory TextA future act is valid if it is done in accordance with this Part and complies with the procedural rights conferred by this Part.
— Native Title Act 1993 (Cth), s. 24JA — Validity of future acts
Statutory TextThe parties must use their best efforts to reach agreement within 6 months after the start of negotiations.
— Native Title Act 1993 (Cth), s. 31(1)(b) — Negotiation period
Statutory TextThe Minister must not make a determination unless satisfied that the parties have negotiated in good faith and that the proposed act is reasonable.
— Native Title Act 1993 (Cth), s. 32(2) — Ministerial determination
What to Do
Confirm whether native title is determined or claimed over your land via the National Native Title Register (NNTT).
Notify the Registered Native Title Body Corporate (RNTBC) or Prescribed Body in writing — including full details of the proposed development.
Begin good-faith negotiations within 45 days of notice; aim to reach agreement within 6 months.
If no agreement is reached, apply to the National Native Title Tribunal (NNTT) for arbitration or seek a ministerial determination.
Ensure all approvals — state planning, environmental, and native title — are secured before commencing work.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.