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Unformatted text preview: al leaseholders
Under the Native Title Act 1993 (Cth) s 249C and Schedule 1 (Scheduled interests), native title is extinguished where pastoral leaseholders have been granted exclusive possession by a government for primary production purposes, including farmstay tourism.
Governments also have the power to upgrade pastoral leases to primary production leases and
thereby extinguish native title. However, where native title has been proved, compensation will have to
be paid for the loss of rights.
Native title holders have the right to be notified of any proposed exploration for minerals and to
negotiate an Indigenous Land Use Agreement with miners. Native title rights versus miners’ rights Applications for native title have to be lodged with the Federal Court. Applications that comply with
Federal Court requirements will then be referred to the tribunal for consideration for registration.
The role of the National Native Title Tribunal, which is a Commonwealth body, is to provide
administrative processes to deal with native title applications. It doesn’t have the power to decide
whether native title exists or not. It...
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