Department of the Attorney General
Office of Native Title
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About Future Acts

MINE 1A "future act" is a proposed activity or development on land and/or waters that may affect native title, by extinguishing it or by creating interests that are inconsistent with the existence or exercise of native title.

Common examples of future acts in Western Australia are the proposed grants of mining or land titles by the Department of Mining and Petroleum and the Department of Regional Development and Lands respectively.

If an act does not affect native title rights and interests or if native title does not exist in the relevant area, the act can be done without reference to the Native Title Act 1993 ("NTA"). If native title probably exists and is likely to be affected, it would be prudent to follow the provisions of the NTA in order to ensure the act is valid.

Last Updated: 9-Nov-2009

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