Australia & New Zealand
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12.0 Australia Real Property Guidance Notes

12.2 ARPGN 2 Native Title Issues

ARPGN 2 Native Title Issues 12.2 (PDF 96 KB)

1.0 Introduction

1.1 Purpose

The purpose of this Guidance Note is to outline information and issues, and indicate approaches in cases involving the valuation and management of land subject to native title claims (or where native title may exist, has been claimed or has been determined). The National Council of the Australian Property Institute recommends that it be used by members for the valuation of co-existing property interests subject to native title in Australia. The Institute recognises that Members need to be aware of the potential for native title to coexist with certain tenures, whether there is a claim for native title or not. In this regard, they should obtain a copy of the Native Title Act (Clth) 1993 as amended on 30 September 1998.

1.2 Status of Guidance Notes

Guidance notes are intended to embody recognised 'good practice' and therefore may (although this should not be assumed) provide some professional support if properly applied. While they are not mandatory, it is likely that they will serve as a comparative measure of the level of performance of a Member. They are an integral part of the Valuation and Property Standards
Manual.

1.3 Scope

This Guidance Note applies to Members reporting on land and deals with broad examples of the phenomenon, which results when native title coexists on land, and the resultant value effect.
It offers guidance on pertinent general concepts and concerns relating to native title, and suggests the approach that ought to be adopted. It does not purport to provide a definitive coverage on the issue of the valuation or management of co-existing rights, or the manner in which Members should deal with these issues. Co-existing property rights where native title exists is a phenomenon which has resulted in much public debate particularly since the decision in Wik Peoples --v- Queensland ((1996) 141ALR 129) (Wik) on 23rd December 1996 and involves complex and sometimes unresolved matters. However, contrary to public perceptions of the Wik decision, as long ago as September 1993 in Pareroultja --v- Tickner ((1993) 42 FCR 32) it was held that:

'... the extent to which Native Title over land may co-exist with leasehold tenure is not a question fully explored in Mabo (No. 2). Much may depend on the nature and extent of the leasehold estate (eg a monthly tenancy or lease for 99 years) and inconsistency, if any, between Native Title and the lessor's reversionary interest'.

'Formula' approaches to the valuation or management of co-existing interests subject to native title are almost certainly inadequate and the procedures for each report will vary according to the circumstances of each parcel of land.
Members should apply their own skill and judgement in applying the suggested approaches contained herein to their own practice.

This Guidance Note should be used in conjunction with other guidance notes and practice standard which are either over-arching or directly applicable to the type of land, purpose or issues involved.

Native Title is different from State and Territory based 'land rights' legislation and cultural heritage protection legislation.

1.4 International Valuation Standards

This Guidance Note recognises the International Valuation Standards 1 and 2, and the International Valuation Application 2 by the International Valuation Standards Committee and it is intended to be consistent with the concepts and definitions contained in those standards, however, there may be departures from IVSC Standards to reflect Australian & New Zealand law and practice.

1.5 Property Expert Involvement

Members are able to provide appropriate skilled advice in relation to Valuation and property matters with the assistance of and in accordance with this Guidance Note and bearing in mind the limitations referred to herein.

1.6 Market Response

Increased awareness within the general community of Indigenous issues, recent legislation, such as the Native Title Act, litigation associated with native title and incidents where property users allege financial loss as a result of native title claims (or the likelihood thereof), have made the marketplace more aware of the potential effect of native title co-existing with existing land titles. Anecdotal evidence may suggest that prices can become artificially depressed. Further, limited information about a particular native title claim (or prospect thereof) that is thought to be present on land may cause a 'stigma' effect on values. Conversely, the market appears to be aware that the impact upon the utility of properties with co-existing native title may vary significantly from case to case.

1.7 Advice about Commercial Impact

Clients will be looking to Members of the Institute for advice and guidance on how native title affects their financial security and asset value. Members cannot and should not promote themselves as authorities who are fully capable of measuring, recording and providing detailed advice. However, they should be able to provide a significant level of advice to the client about the commercial impact of the coexistence or likely coexistence of native title in relation to a particular parcel of land.

1.8 Issues Requiring Further Investigation

Members of the Institute should take all reasonable care in these matters. Members who attempt to mitigate their responsibilities by adding a disclaimer saying that the property has been valued or assessed 'without regard to the question of the presence of native title', are not providing the level of expertise expected by clients and would not satisfy the standards of practice required by the courts. Therefore, the Institute recommends that its Members become sufficiently knowledgeable about native title processes contained in Commonwealth and complementary State/Territory legislation, and case law associated with this topic and its effect on property values to meet the above standards. This involves Members qualifying advice, where appropriate, so as to properly inform the client of potential issues which may require further investigation, and thereby meet the Member's professional obligations.

1.9 May Affect a Broad Range of Non-Exclusive Estates

Except where Members are valuing or managing land identified as an 'exclusive possession grant' which extinguishes native title (s.23B (2)(c) Native Title Act) (See Appendix 1 of this Guidance Note), Members will rarely be in possession of enough information or evidence to totally discount the presence of native title as a co-existing property right. Items of Indigenous cultural heritage (ie middens, rock carvings etc) can be a useful marker for native title, however this may not be conclusive. Members should be aware that Indigenous cultural heritage is a separate but related issue to native title. Native title as a coexisting property right may affect the full spectrum of non exclusive possession estates (eg. non
exclusive possession leasehold or reserve land) and should therefore be considered.

Members should utilise Appendix 1 to assist them in distinguishing the likelihood of coexistence. The majority of ordinary titles, both private freehold and specific leasehold, listed in Appendix 1, have the status of 'exclusive possession grants' which extinguish native title. In these circumstances native title does not need to be considered further.

1.10 Definition of Native Title

As defined in Mabo -- v - the State of Queensland (No.2) (1992) (175 CLR 1) (Mabo)), native title is the term used to describe the rights and interests held by Aboriginal and Torres Strait Islanders to land and waters under their custom and customary law. The National Native Title Tribunal (NNTT) describes native title as:

‘... A common law right that pre-dates European settlement of Australia’ (NNTT Information Bulletin, Feb 1997, at p1).
In addition to the above, native title is defined in the Native Title Act 1993 as:
‘... the communal group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where:

  • (a) the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders;
  • and
  • (b) the Aboriginal peoples or Torres Strait Islanders, by those laws and customs, have a connection with the land or waters; and
  • (c) the rights and interests are recognised by the common law of Australia’

Also,

‘without limiting subsection (1), &lsqrights and interests’ in that subsection includes hunting, gathering, or fishing, rights and interests (s223(2))

As a useful summary, it should be noted that native title:

  • • is not necessarily equivalent to other forms of legal tenure;
  • • is what the common law recognises;
  • • comprises a range of rights and interests which may vary from group to group and place to place;
    o rights and interests to an area of land or waters may be held by more than one group; when tested for survival (and co-existence), the inconsistency test set out in detail in the judgements of the High Court in Wik Peoples v Queensland and Fejo v Northern Territory of Australia are to be adopted.

The laws and customs and traditional uses, which define native title, were not frozen at the time of British settlement and as long as physical, cultural and/or spiritual connection with the land is maintained, it is understood that the defining
laws and customs are able to evolve. It is often misunderstood that for native title to be intact must be maintained in a manner existing at the time of British settlement.

Conceptually this is not significantly different to the customs and traditions of every other society or group which have evolved or adapted to change throughout the course of history.

The manner in which native title continues to exist may not be given practical expression in a form which is easily recognised by non Indigenous people. That substantial development may have occurred on or near land being considered in a property valuation or assessment, ought notlead to a presumption that native title does not continue to exist, and hence does not exist as aproperty right.

Kado Muir of the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) provides useful guidance as follows:

'... where Indigenous laws are practised and acknowledge[d] then those laws will also contain property rights. The process of inquisition into the nature, extent and incidents of property rights derived from the Indigenous laws is not essential to establishing the existance of native title'1

The fundamental issues to be addressed by the Court when it is required to determine that native title exists are essentially threefold:

  • • who holds the interest?
  • • where is the interest, ie the boundary?
  • • what are the rights and interests held?

These requirements are set out in s.225 of the Native Title Act 1993, as follows:

A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area) of land or waters and, if it does exist, a determination of:

  • (a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and
  • (b) the nature and extent of the native title rights and interests in relation to the determination area; and
  • (c) the nature and extent of any other interests in relation to the determination area; and
  • (d) the relationship between three rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and to the extent that the land or waters in the determination area are not covered by a nonexclusive agricultural lease or a non-exclusive pastoral lease -- whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.

1.11 Point of Reference

Members must obtain relevant initial information from specialist native title sources such as the NNTT Registers, other relevant State and Commonwealth agencies and officials, and native title representative bodies (NTRBs) (see 3.1, below).

Other important points of reference are anthropologists and archeologists. The Australian Anthropological Society, at the University of Sydney tel: (02) 9351 5489 should be contacted for advice as to contacts in these disciplines. In addition, valuable research information can be accessed from the Aboriginal and Torres Strait Islander Commission (ATSIC), traditional owners, and industry organisations who are stakeholders in native title, eg: farm industry organisations.

A further useful resource is the Australian Local Government Association (ALGA) publication

Working with Native Title: A Practical Guide for Local Government, which provides a detailed description of the processes involved. It is important that members obtain information that is representative of the broad spectrum of issues and views in respect of native title to ensure that they do not negligently disregard research information.

2.0 Types of Co-Existing Estates

2.1 Wide Range of Non-Exclusive Estates

There is a wide range of non-exclusive possession estates which may co-exist with native title, varying from State to State in the level of exclusivity, and hence the quality of tenure and/or the potential for co-existing interests or native title in particular.

An example of such estates are the Western Division leases in New South Wales, and two and possibly four types of Queensland pastoral leases, (ie Pastoral Holding, Pastoral Development Holding and possibly Preferential Pastoral Holding and Stud Holding), and possibly Occupation Licences, and Special and Term Leases for grazing purposes.

Members should however note that certain statutory estates now extinguish native title and are referred to in Schedule 1 of the recent Native Title Amendment Act 1998. It is important to ascertain whether the State or Territory has enacted complementary legislation to validate and to confirm the effect on native title of the tenure listed in Schedule 1 of the Commonwealth Act.

Appendix 1 of this Guidance Note lists these estates, and are shown in chronological order of legislation by State or Territory, for ease of reference.

Caution should be exercised when consulting Appendix 1 as some non exclusive possession estates (i.e. Preferential Pastoral Holdings and Stud Holdings in Queensland) may extinguish native title, to the extent of the inconsistency only. Extinguishment by such estates has yet to be considered by the courts, and it is recommended that legal advice be obtained. In addition, some classes of Special Leases (e.g. for watering purposes) are provided for in the Act as extinguishing native title.

2.2 Tenure

Each non-exclusive possession estate must be considered in assessing the impact of the rights being asserted in a native title determination application upon the property. In some States much of the non-urban land is held in private
freehold (i.e. Victoria) which extinguishes native title permanently. However, in some States and Territories this land is held under statutory estates, commonly called pastoral leases.

2.3 Conditions of Tenure

There are prerequisites, conditions and obligations attached to various forms of leasehold which
define the nature of the ownership. The term of the statutory estate, especially the period unexpired, the rights, if any, of renewal, the capacity and limitations upon transfer, and other terms and conditions are critical to determining the degree of exclusivity of the particular estate, and how closely the tenure approaches the benchmark of private freehold.

The degree of exclusivity granted to a leaseholder has a complimentary effect on the ability of the statutory estate to co-exist with native title. The duration of leases can vary from perpetuity to only a few months, and the issue to be addressed by Members is whether duration per se is fundamental in determining the impact of native title.

Leases of a shorter duration may be more vulnerable to the bundle of rights comprising native title than those of longer duration, given that longer leasesmay have the 'flavour' of private freehold whilst others may be little more, in practice, than an agistment right.

It should be noted that the length of the term of the statutory estate was only one of a number of deciding issues in the Commonwealth Government's decision as to whether or not to include a particular statutory estate in the Schedule (see Appendix 1 in this Guidance Note). Relevant factors in determining whether a statutory estate was to be listed in the Schedule were, terms and conditions, third party rights, grantee obligations and restrictions, upgrade capacity, purpose,
tenure history, location, and size. However, the terms of a lease and the actual activities were not determining factors, whilst all of the above factors were to be balanced to determine whether a lease had eligibility as a Scheduled Interest.2
Caution should however be exercised regarding the presence (or lack of) a statutory estate in the Schedule to the Act, as the recent decision in Ward v State of Western Australia (1998) 159 ALR 483 (Miriuwing Gajerrong) may have clouded the issue of extinguishment.

2.4 Consequences of Existing and Past Activities

Since Mabo, native title can be extinguished by not only a plain and clear intention to do so (Mabo at p.68) but also by the consequences of existing and past activities.

Members should be aware that the consequences of present and previous activities performed on the lease land can have significance for the likelihood of native title surviving. This may be deduced from an inspection of the property and is irrespective of questions of exclusivity, duration or reservationscontained in the lease document.

At an extreme level, the complete obliteration of all natural land forms as a result of past mining activity is likely to severely limit the ability of traditional activities to be performed on site, or possibly for any meaningful relationship with
the land to continue to exist. Substantial private developments for say, a sporting complex, also provide a further example. Even with less intrusive pursuits such as low impact farming, it is likely that any traditional profits a prendre activities would have been severely curtailed. There is also the category of 'public work' (s253) and lands incidental to the 'public work' (s251D) which also extinguish native title.

Nevertheless, Members should be aware that a direct physical contact with land is not the only medium by which native title is sustained (ie cultural and spiritual).

The Miriuwung-Gajarrong decision of the Federal Court in 1998 has however cast doubt upon the extinguishing capacity of existing and past activities. Members should exercise caution and obtain specialist advice in this area from anthropologists, and archeologists, NTRBs and traditional owners in order to identify the level of effect.

2.5 Related Court Cases

Members should also pay close attention to important court cases in the Federal or High Courts which have implications for co-existence. These cases have the potential for providing guidance in the valuation of specific types of estates over which there has been a native title application.

The NNTT and the Federal Court have separate functions under the legislation, and the States and Territories can establish their own 'recognised bodies to perform the functions of the Federal Court, and 'equivalent bodies' top perform the functions of the NNTT. However, the NNTT still retains responsibility to maintain the Registers, while the role of the Federal Court is to receive applications, refer them to the NNTT (or equivalent body) for registration, to decide on the parties, to make determinations and orders.

3.0 Identifying Co-Existing Native Title

3.1 Information on Native Title

Identifying where native title exists or may exist is crucial in all property valuations or assessments. It is important to be aware of the possibility that native title may exist in certain circumstances and in areas where it has not been extinguished regardless of whether there is currently a native title application or determination to indicate its existence.

It is not necessary to have a determination, by agreement or judicially after a contested hearing, for native title to exist. It is an existing right and may continue to exist in areas where it has not been extinguished by legislative or executive acts of government, even though the identity of the native title holders is unknown. In such circumstances it is possible that an area may be subject to an application for a native title determination at a later date.

The main sources of information in circumstances where the holders of native title rights and interests are unknown, are the NTRBs, the local Indigenous peoples with an historical connection with the area in question, local historical societies,
local genealogical societies, the relevant ATSIC Regional Council and the local Council historical records.

Where an application for native title has been made, the primary sources of information are the Register of Native Title Claims held by the NNTT or equivalent State/Territory bodies, and the NNTT Schedule of Applications for native title
determinations that have not passed the statutory registration test under the Native Title Act 1993 and the Federal Court's records of common law native title applications.

The list of Scheduled Interests, together with tenure information held by state government registries is also a major source of information (see Appendix 1 in this Guidance Note).

Native title issues can arise where there has been a determination (by agreement or judicially), where an application for a determination has been made or, importantly, where the native title holders are presently unknown and no application or
determination exists.

3.2 Searches

There are various searches that should be undertaken.

3.3 Tenure Searches.

After undertaking the enquiries mentioned above and prior to conducting a search of the NNTT registers, it is important to prepare a tenure history of the land.

This is best undertaken by a registered surveyor who should provide copies of documentary evidence of the tenure history both by way of title documents and other descriptive sources such as deposited plans and Crown Land survey information.

The tenure search is pivotal in deciding whether native title has survived, the nature of the surviving property rights associated therewith and the nature of impairment or even extinguishment of such rights. Often, it is necessary to closely examine the initial tenure searches and to request more detailed particulars from the surveyor in order to conclude this aspect of the Member's report. Tenures included in Schedule 1 of the Native Title Act 1993, and as enacted in complementary States/Territory legislation are not subject to native title. (See Appendix A of this Guidance Note)

3.4 Background Research & Historical Land Use

After undertaking the research referred to above, the use of the land may be relevant if native title has not been extinguished by present or previous grants of tenure Members should be aware that previous grants of freehold title extinguish native title permanently (viz. Fejo v Northern Territory of Australia), and that the Native Title Act provides
for previous extinguishing acts. Before embarking on a formal search of the Registers held by the NNTT, or equivalent State/Territory body, there are several areas of enquiry to take advantage of:

  • • the existing and previous owners (and employees) are often an excellent source of information on the land use history of a property.
  • • local councils can provide detailed information from their building planning and subdivision records on past history and land uses.
  • • aerial photographs can be obtained from the relevant Crown Lands Departments or their equivalent in each State or Territory that can also assist in documenting former uses, such as public works. Such photographs can be obtained as far back as the 1940's and are a much under-utilised resource.
  • • government departments dealing with utilities, health and environment, industry and mining also have approval and licensing records and other useful information.

3.5 Native Title Registers

Four registers are held by the NNTT covering land and waters in each State and Territory and deal respectively with registered claims, determinations, Indigenous Land Use Agreements (ILUAs) and unregistered claims.

Upon request, a formal search of the registers will be conducted by Tribunal staff. The Tribunal's fee to search the registers upon receipt of a request is $20.00 per 15 minutes, plus photocopying at 50 cents per A4 page.

The NNTT does not have a set application form for written inquiries, however members seeking such information should attempt to follow the format of similar applications, such as those made to roads and electricity supply authorities.
The information provided to the NNTT in support of a written application for a search of the Registers should be as detailed as possible to expedite the search. Details such as county, parish and local government area are a starting point, however the provision of Deposited Plans or other survey information will also assist the Registry staff.

The written application can also be forwarded to the relevant Registry by facsimile, providing a shortening of the response time. Experience suggests that the turn around time can vary from one or two days to three weeks, subject to workload.

3.6 Indigenous Records

When the member receives confirmation from the NNTT Registry that land is subject to a native title claim, (that has or may pass the registration test) or is reasonably confident that native title continues to exist on the land in question, it is prudent to make other enquiries of the relevant Indigenous representative bodies (such as NTRBs) or traditional owners.

These interested parties particularly the relevant NTRB will assist the member in gaining an understanding of the ambit
of existing or likely native title claims. Also, such enquiries will establish whether or not native title is a consideration for the particular task at hand. In addition, other Indigenous records and information can be obtained from State or Territory Indigenous heritage authorities and their Registers.

The District or Regional Offices of the relevant National Parks and Wildlife Authorities may be able to assist with detailed information about local Indigenous people and their relicry. Local historical societies are also important resources as they often hold rare and valuable information about early non-Indigenous settlement and their interface with the local Indigenous people.

All of the above will assist the member in providing the client with factual and dispassionate information thereby enhancing the level of service provided and discharging the member's professional obligations.

3.7 Site Inspection

A Member conducting an inspection of a property for the purpose of providing a valuation or other property assessment should be aware of the potential of coexisting native title prior to the inspection.

During an inspection for this purpose, the Member should attempt to identify from on-site observations any physical evidence of Aboriginal cultural heritage site and items that could suggest the exercise of native title rights. Members should be aware that the presence of physical evidence of Indigenous occupation is not necessarily a good diagnostic marker for native title in many areas of Australia. Whilst not conclusive, nevertheless the Member should look for evidence of camp sites, other occupation sites, natural or introduced food or remains or other disturbance to soils or
vegetation. Finally, the Member should look for any evidence of artifacts or in rocky country, stone grooves, rock paintings, or other utilitarian or artistic evidence.

Members should exercise great caution if they suspect the presence of such evidentiary material prior to an on site inspection. It is possible that offence may be unwittingly given to Indigenous people through either photographing such
materials, or even by entering an area which has special significance.

If the Member identifies from onsite observations any potential for native title arising from the presence of Aboriginal cultural heritage items and sites, a recommendation should be made for further expert advice where appropriate, or enquiry of potential native title holders.

3.8 Role and Expertise

Members should recognise that their role and expertise is limited to the detection and preliminary identification of discoverable physical evidence of Aboriginal cultural heritage items and sites, which may be a diagnostic marker for native title.

It should be remembered that sites of significanceto Indigenous people are not necessarily evidenced by the presence of recognisable topographical features such as rock outcrops or caves. Such sites can sometimes be present in apparently featureless tracts of land, which would be otherwise ignored by untrained or uninformed observers.
Evidentiary proof of native title and the ascertaining of the ambit of the property rights must be left to those with specialist qualifications in the fields of anthropology and archeology.

Where information is available to the Member on the likely existence of, (and ambit of) native title, this should be provided as an annexure to the Member's report together with a statement as to the literature source and an appropriate qualification. It is recommended that caution should be exercised where heavy reliance is placed on literature, given that the history of Indigenous occupation was not always properly recorded.

3.9 Whether Expert Engaged

A member needs to be aware of the results of site inspection raised in 3.7 above: "Site Inspection' and 3.8 above: 'Role and Expertise' and to do sufficient research to establish whether an appropriate qualified expert should be recommended for engagement. The Member should take detailed case notes, which may not necessarily be used in the preparation of the final report but will provide evidence that the property valuation or assessment was carried out with full regard to the potential existence of native title.

3.10 Engaged Qualified Experts

A report by a suitably qualified expert in the field of anthropology or archeology is required to provide evidence that native title is or is not being exercised on land and/or that connection with the land by Indigenous people is extant. The report is critical to the task of the Member in producing a property valuation or assessment of land where native title is present as a co-existing property right.

In providing a report on the property, the suitably qualified expert should address the following issues based upon inter alia field research, oral evidence, and literature:

  • • present and past Indigenous and non Indigenous land uses;
  • • locations on the land where these land uses were carried out;
  • • duration of the land uses;
  • • on site Indigenous relicry;
  • • sites of Indigenous spiritual and/or cultural significance;
  • • level of co-existence of Indigenous and non- Indigenous land uses.

3.11 Qualification if no obvious Native Title

If there is no obvious evidence of native title as a result of research or inspection of land by a Member and no expert report is to be made available to the Member, then the Member's report should be suitably qualified to reflect the relevant extent of the Member's expertise in relation to native title and to place the onus upon parties relying upon the report to make their own enquiries.

Although any qualification used should be specifically worded to suit the particular circumstances of the property valuation or assessment, the following clause provides an example of the type of qualification that should be made:

"A visual site inspection and (detail other research) has not revealed any obvious presence of native title. Nevertheless, we are not experts in native title or the property rights derived therefrom and, have not been supplied with appropriate anthropological, ethnoecological and/or ethnographic advice. Therefore, the property valuation or assessment is made
subject to there being no actual or potential native title affecting:

  • • The value or marketability of the property;
  • (or...)
  • • The land (... as applicable).

Verification that the property is not subject to co-existing native title interests should be obtained from a suitably qualified expert.

Should subsequent investigation show that the land is subject to existing or potential co-existing native title interests this property valuation or assessment will require revision'.

Once a native title claim has been lodged, irrespective of whether it is registered or unregistered, Members cannot include a disclaimer stating that they have ignored native title.

3.12 Not Expert

A Member who has the relevant experience or has undertaken the Institute's approved course of studies is entitled to carry out the valuation of coexisting property interests subject to native title.

3.13 Recommending a Detailed Native Title Report

It should be recognised by Members that only through exhaustive research can the ambit of Indigenous property rights be verified properly.

Such research is inherently expensive and time consuming, and cannot in itself provide a complete guarantee that such property rights are, or are not present. Only the courts can provide such a definitive declaration.

If, after carrying out preliminary research and site inspections, the Member is concerned or suspects that the property is or could be subject to coexisting native title that could either restrict the future use of the site or mitigate against a financial consideration, the Member is obliged to recommend that the client seek a detailed native title assessment from appropriately qualified professionals. Such advice should be formed having regard to both the current and future financial considerations as well as the future use of the land. A detailed native title assessment by suitably qualified disciplines will include the issues detailled in 3.8 above: 'Roles and Expertise', together with such other information as deemed necessary to provide the fullest description of the presence of native title.

Subsequently, it may be necessary for the appointed disciplinary consultants to move into a third stage of consultancy including the preparation of alternative methods of either non Indigenous land management or the exercise of Indigenous property rights and interests.

3.15 Where Detailed Information Cannot be Obtained

Where detailed information cannot be obtained, the Member should prepare his/her report on the basis that the property is not subject to a co-existing native title interest, and qualify that report on the basis that some elements of native title rights and interests may exist, and if present, could have an impact on the value, usage or future development of the property. The following provides an example of the type of qualification which may be appropriate in these circumstances:
‘From our inspection of the property we consider that there is (or could be) a potential for (detail possible native title rights and interests) to exist and would recommend that advice should be obtained from a suitably qualified expert. Please note that our valuation (or report) has been prepared on the basis of no survival of native title rights and interests.

Should the above mentioned expert advice reveal any evidence of native title our valuation (or report) will require revision’.
It is critical that members be aware that the greater the perceived likelihood of native title rights and interests may exist, the stronger the 'qualification' must be and more specific must be the accompanying advice.

4.0 Native Title Predictive Practices

4.1 Native Title predictive practices changing

The predictive practices for the determination of the likelihood of native title survival is rapidly changing. New investigative field techniques are being developed by the anthropology and archeology disciplines and those who legislate standards (i.e. the Native Title Act 1998 as recently amended). As Professor Garth Nettheim of the Aboriginal Law Centre UNSW states:

'. . . although we can readily identify areas held by Aboriginal people and Torres Strait Islanders through grants under various Land Rights Acts over the past 20 years, the task of mapping those residual areas of Australia held as 'native title' has scarcely started.'
'... The general characteristics of most forms of land title are reasonably well-known. By contrast, the nature of 'native title' rights and interests depend on the laws of the particular Indigenous peoples concerned, and will vary from place to place.' 3

4.2 Native Title predictive

The predictive practices which have developed by the disciplines involved in determining the likelihood of the survival of native title, are founded in both established academic literature and existing field practices, especially in the area of anthropology and archeology. Note that the definition of such practices is notoriously difficult and can present some difficulties for members recommending to a client from a panel of appropriately qualified consultants.

4.3 Practices Defined Influence on Value of

The influence on value of such practices, will depend on such factors as whether the native title rights and interests are restricted or more diverse.
In addition, there is the effect of the possible need for further detailed analysis after the preliminary research.

4.4 Co-Existing Interests subject to Native Title Predictive Practices

Predictive practices could involve a detailed review of existing and historic literature, a search of government survey and tenure records, the obtaining of oral evidence from native title claimants, and/or traditional owners, and the testing of any conclusions against other predictive work already published or otherwise available.

A difficulty with any predictive practice is that Indigenous people tend to be reluctant to share their understanding of native title rights and interests, due often to cultural and spiritual imperatives and due to understandable suspicion.

It must be remembered that Indigneous cultural heritage is significantly based on spiritual concepts, and there is the danger that areas of significance may attract unwanted attention which could lead to desecration.

4.5 New Practices

New practices in the disciplines of anthropology and archeology are developing in the light of current litigation which will almost certainly result in exhaustive testing in the courts of any opinions expressed by such consultants.

However, the cost of predictive practices are already inherently expensive and time consuming, and it must be recognised that clients may be unwilling to undertake such work if the existing Market Value of a property.

Members should keep abreast of research and technological changes relating to predictive practices. Such awareness will assist the member in advising appropriately on the perceived likelihood of the survival of native title rights and interests and the need for clients to seek further information.

Members must avoid giving advice beyond their area of expertise.

5.0 Impact on Value of Co-Exist ing Interests Subject to Nat ive Title: General Issues

5.1 Responsible Party for Compensation

Depending upon the relevant Commonwealth or State/Territory legislation, it is as a general rule the responsibility of government to bear the cost of any compensation if practices on the property are proven to have resulted in the loss, extinguishment or impairment of native title.

Any new activity to be authorised on a property, may result in the consent authority (eg. state and local governments, Western Lands Commission) requiring that any compensation be met by the holder of the co-existing interest subject to native title. However, compensation for future acts by third parties only applies to those acts affecting native title after 23 December 1996.

It is noted that present activities on land subject to a co-exisiting native title interest (or application for a native title determination) are generally unaffected as regards ongoing present uses conducted on the property. Where land use changes are proposed, minor changes may not cause a claim for compensation for the loss, extinguishment or impairment of native title. The important issue here is not whether there is a change of use, but whether the lease permits the activity. If the lease allows the proposed action there are no native title implications regardless of how the land is currently being utilised.

Members should exercise caution when forming a view as to the affect that a co-existing native title interest (or application for a native title determination) may have on present and future utility of a property. The activities which are permissible, and the procedural pathways to be followed are set out in s.24 of the Native Title Act.

It is necessary for the Member to be thoroughly aware of these activities and procedures in forming a view as to the affect of co-existing native title on present and future utility. Members should be careful that they are not misled to concluding that minor (or greater) changes in utility may or may not be relevant.

In some circumstances, some changes in the nature of activities may merely have been undertaken negligently, and thus inappropriately without the relevant permits and authorities. Members should be aware that provided lessees abide by the conditions of their potentially co- existing leases, and have exhibited an awareness of cultural heritage obligations, the procedures under s.24 may not have been transgressed.

Members should be aware that Indigenous Land Use Agreements (ILUAs) are becoming more common place, and can apply to any area or class of activity. ILUAs can impact upon property management as to when they are registered, as it is provided for in the Native Title Act that they are binding on the parties to the Agreement. The NNTT has a register of ILUAs throughout Australia.

Due to the specialist advice required in assessing the impact of future activities on the value of coexisting interests subject to native title, members are strongly advised to seek formal advice from appropriately qualified specialists.

5.2 Legal Costs

Legal costs arising from the co-existence of interests subject to native title will vary in extent according to the circumstances of each particular property. Members should refer to these costs in their report, where appropriate, and ensure that they are addressed in any subsequent expert preliminary (or detailed) report obtained.

Members should recognise that the potential for litigation or pending litigation may affect marketability and further affect value by deterring prospective buyers of properties.

It should be recognised that there is very little case law in this area and future judicial direction will clarify whether the current valuation methods are appropriate. When considering the impact of native title on co-existing property rights, some guidance is available in the literature 4 and members should endeavour to keep abreast of legal and practice developments.

The effect of legal costs should be included within any discount, or separate contingency figure for the existence (or likelihood) of co-existing native title. This is not dissimilar to the allowance for the effect of legal costs usually recommended to be included within the stigma component of environmental liabilities when contaminated land is valued.

This discount or separate contingency figure should be based upon information either provided by an appropriately qualified expert (in the disciplines of anthropology, ethnoecology or ethnography) or estimated by the member following appropriate legal advice.

As a warning, such discount or contingency figure should always be qualified to inform the client that it is an estimate only and that it may not reflect the costs actually incurred should litigation for compensation eventuate.

5.3 Mortgage Security

It is accepted practice that mortgage lenders prefer to lend funds on freehold rather than lessor tenures. Whilst freehold title may be seen as more definite, it should be noted that there are many secure titles which are listed in Schedule 1, Native Title Act 1993 (Appendix 1). These exclusive possession leases do not require that native title be considered, and mortgage lenders would not require any further enquiry.

Nevertheless, for some particular uses, such as industrial: Leasehold properties effectively only provide an income stream and the present value of this reduces as the loan term continues. Because of this reducing interest and the lesser acceptance of leasehold properties in the marketplace, lenders will usually charge a higher interest rate for this style of property. 5

In significant areas of Australia where land is subject to native title, the predominant form of property interest is a statutory estate commonly known as a pastoral leasehold.6 As of the historic absence of freehold interests in such areas, the security offered to mortgage lenders is the pastoral lease. Because pastoral rights prevail over co-existing native title rights to the extent of any inconsistency (viz. Wik Peoples --v-- State of Queensland) ((1996 ) 141 ALR 129), there is little concern that these tenures are not secure.

Nevertheless, the perceived dysfunctional nature of co-existing multiple property rights has resulted in a broad public debate since the Wik decision.

There may be an adverse effect through financiers requiring higher interest rates where there is a view that a property may be diminished in Market Value due to the perceived effect of native title.

It is reported that whilst mortgage lenders do not appear to have made any changes to existing rural loans, it is anticipated that they will exercise greater caution in granting new loans. Members should be aware that the inclusion of 'land rights' as an 'Event of Default' in some security documents has been reported however, this is probably not unreasonable given the developing nature of due diligence. It should also be noted that the term 'land rights' encompasses a broader area of Indigenous property rights than native title, which is recognised by the common law.

It is important to note that the identification of 'land rights' (more correctly, native title) appears to be only viewed adversely if circumstances arise which materially diminish the value of the mortgage security or effect the financial position of the parties.7

Members should be aware that mortgage lenders will seek professional advice from them as to whether the value of the security has been reduced, such that the identification of native title (or the possibility thereof) is grounds for an 'Event of Default'. Members have a responsibility to ensure that mortgage lenders are adequately informed of the likelihood of co-existing native title and the consequences for the Market Value of a specific property. This task is undertaken by examining the market sales evidence.

It should be noted that the effect of co-existing native title upon pastoral leases may be analogous to the relatively nominal value effect which occurs when a high tension transmission line easement is placed over freehold land. This effect often amounts to little more than a blemish upon the freehold title, and its Market Value. This should not be construed however as in any way suggesting that the value of native title is merely a residual.

5.4 Indemnification Agreements

Where a member is instructed to specifically ignore native title when valuing a co-existing property right, the Institute recommends that to satisfy the standard of practice required by the Courts, and the member's professional obligations, that a Deed of Release and Indemnity be executed protecting the member.

If a Deed of Release and Indemnity is unable to be obtained from the client, the Institute does not consider that the level of best practice as required of members, will be met and the instructions should be returned with appropriate reference to this section of ARPGN 2.

6.0 Valuation Approach

6.1 Co-Existing Native Title may or may not impact upon Value

The presence of co-existing native title over a property may not necessarily reduce its value within the current class of use. However, there are two scenarios in respect of the impact of coexisting native title.

Firstly, it can be argued that whilst pastoral leases may be subject to an application for a determination, if the pastoralist is utilising the land in a manner which conforms with the rights (specific or implied) and obligations flowing from the grant of the pastoral lease, then the utility and income flow from the business remains unaffected for which there is a long term market demand.

In this scenario, the value of the pastoral lease is unaffected and would be supported by appropriate sales evidence.

Secondly, there may be situations where coexisting native title could reduce the value of a pastoral lease, even though utility and income flow from the business remains unaffected. The mere presence of native title may be viewed by potential purchasers as requiring a discount of the value of the pastoral lease. Again, in this scenario such assertions as to value would be supported by appropriate sales evidence.

Given the above qualifications, Members should advise that the property can continue to be used and developed in accordance with its purpose, terms and conditions and subject to any required permits, licenses and authorities.

6.2 Two Main Approaches

Where a co-existing native title claim (or the possibility thereof) is identified, it is recommended that one of the following methods should be utilised depending on the specific circumstances:

o Unaffected valuation approach, comparing like with like;

o Special considerations approach because no suitable comparable basis exists.

6.3 Unaffected Valuation Basis

Provide a valuation on an unaffected basis, together with an outline of the likely content of any presence of native title and the inclusion of a qualification in the report indicating that the property valuation or assessment does not reveal any diminution due to the possible presence of native title. The example of the type of qualification that should be made is detailed above in 3.11: 'Qualification if no obvious Native Title'.

6.4 Affected Valuation Approach

After obtaining the client's approval, the member should arrange for an expert preliminary (or detailed) report to be prepared to provide affirmation that native title is being exercised on land and/or that connection to the land by Indigenous people is extant together with inclusion of costing for any further reports or negotiations. The Member should then calculate the property s discounted value upon the above expert report.

This is critical to the formation of a view by the member as to whether native title necessitates a discounted value being placed on the co-existing pastoral lease (or other less than freehold estate).

Alan Hyam LFAPI, Barrister has provided useful guidance listing the following matters that regard should be had when members attempt to value property subject to native title:

o The nature of the rights conferred by the native title. It must be established whether they entitle the native people to access only or other rights are conferred, such as, the right to camp or dwell on the land, the right to fish and hunt game.

o The frequency at which the rights will, or are likely to, be exercised; the number of people who may enjoy the rights.

o The number of occasions upon which the rights have been exercised in the past.

o The impact which the exercise of the rights will have on the interest of the co-existing owner in the land.

o The attitude of the hypothetical prudent purchaser to the co-existing rights... 8

Assessment of the 'affected value' (and hence discount) indicated above would, where sales are available involve the comparative approach.

There may be only limited instances where direct comparison of affected property sales can be made, but endeavours should be made to establish whether this sales evidence is available in order that the comparative approach may be successfully applied. With caution, Members should ensure that properties are being compared truly evidence comparability, both in terms of the pastoral lease and the native title thereon.

Members should not make judgements as to the comparability of affected sales without access to the report of experts in relation to any properties sought to be used as comparables.

6.5 Detail on How Valuation Reached

Where a discount attributable to native title is applied by a member, it is strongly recommended that full details should be provided as to how the final valuation figure was reached. It is recommended that care be exercised when applying a discount as it was the view in Wik that native title yields to the statutory rights and interests granted by the Crown. In addition, the interests detailed in Schedule 1 of the Native Title Amendment Act 1998 (see Appendix A of this Guidance Note) confirm that those interests are not vulnerable to native title.

The Member should state clearly in the report that the discount applied was arrived at based upon information obtained from expert reports and that the Member has not formed an opinion as to the veracity of that information. A copy of the expert's report should be annexed to the member s report. The discount may be arrived at through sales evidence, income flows or other appropriate market information.

It should be noted that the Institute is concerned that member's discharge their professional responsibility as regards the determination of the discount arising from the likelihood of co-existing native title. To that end, it is recognised that clients may have a particular (and often strong) personal view concerning the effect of native title rights and interests.

In some cases, these views may not be based upon a factual and dispassionate assessment of the consequences of native title claims (or the possibility thereof) upon Market Value of a specific property. It is recognised by the Institute that such situations may impact upon the professional interpersonal relations of member and client.

Extreme caution should be exercised by members in such situations, and given early recognition it is recommended that the member ensures the client is aware of the impartial and independent nature of the market advice that the member is
to provide. In the event that the client does not accept the member's professional standpoint the Institute does not consider that the level of best practice as required of members, will be met and the instructions should be returned with
appropriate reference to this section of GN27.

6.6 Obtain Cost Estimates of preliminary or detailed Expert Report

Members should not provide their own estimate of the cost of expert's preliminary (or detailed) reports. These estimates should only be obtained from appropriately qualified experts.

A preliminary (or detailed) native title report will include the issues detailled in 3.8 above: 'Role and Expertise' and reflect the recommendations in 3.13 above: 'Recommending a Detailled Native Title Report' and 4.0 above: 'Native Title Predictive Practices'. It should be recognised that such research cannot provide members with a complete guarantee as regards Indigenous property rights and caution should be exercised by Members.

The member should clearly state in his or her report that any conclusions based upon the information contained in the preliminary (or detailed) expert report. The Member should advise that an opinion has not been formed as to the
accuracy of that expert report. A failure to include such a qualification could result in the member being held to have adopted without question the conclusions contained in the expert report.

A qualification in the following form or to a similar effect may be appropriate where this method is adopted:

'The valuation opinion contained herein has been formed utilising information and conclusions as to the identification of native title and the ascertaining of the ambit of such property rights obtained from (state name ofexpert) on instructions from you. A copy of the (the expert's report is annexed to this report as Annexure 'A'. (The member) has not formed an opinion as to the accuracy of this information or conclusions and accepts no responsibility for them. Any enquiries in relation to this information or conclusions should be directed to (the expert)'.

7.0 Legislation

7.1 Commonwealth Legislation increasingly complex

Commonwealth legislation dealing with native title and related administrative matters is growing in line with overseas experience. At present, the primary piece of legislation is the Native Title Act (Cth), 1993 (as amended 30 September 1998).

Members are encouraged to obtain an up to date copy of the 2nd edition of the amended Native Title Act, and be aware of Schedule 1 (See Appendix 1) and s24 in particular. Copies are available from commonwealth government bookshops.

The Act provides members with additional useful information, in particular explaining that private freehold and the majority of leasehold interests provide the right to exclusive occupation and extinguish native title. It also highlights that lessor interests may co-exist with native title.

Importantly, the Act highlights that land held by government authorities does not automatically convey exclusive possession, and extinguish native title although the usage or public works may.

7.2 Complementary State/Territory Legislation

Members should be aware that complementary State/Territory legislation is being enacted dealing with native title.

8.0 Indemnity Insurance

8.1 Policy Exclusions

Members should be aware of any exclusions within their professional indemnity insurance policy relation to 'native title' or 'land rights'. Because of the newly emerging law in this area, policies may not provide cover in relation to claims arising from or in connection with these matters. In addition, a Member may in some instances not be covered by a policy even where native title or 'land rights'. is within their field of expertise. Members should consult their professional indemnity insurance brokers in this regard.

8.2 GST Caution

Since the introduction of the GST on 1st July 2000 specific legal and/or accounting advice will need to be sought regarding the GST implications for this Guidance Note.

Footnotes:

1 Muir, K This Earth has an Aboriginal Culture Inside. Land, Rights, Laws: Issues of Native Title Series - Issues Paper No. 23 (Canberra: AIATSIS, July 1998), p4

2 Native Title Amendment Bill 1997 Supplementary Explanatory Memorandum (Canberra: The Parliament of the Commonwealth of Australia, The House of Representatives, 1996-1997) Cata.No.969571

3 Nettheim, G 'Which way now for the Wik judgement? Sydney Morning Herald, 14 January 1997, p13

4 The Attorney General's Legal Practice Legal Implications of the High court Decision in the WIK PEOPLES -v- QUEENSLAND Current Advice, Canberra: Attorney General's Department, 23 January 1997

5 Australian Institute of Valuers and Land Economists and Royal Australian Planning Institute, Native Title Background Paper (Deakin/Hawthorne: The Institute, 1997)

6 Horrigan, B and Young,'s (eds) Commercial Implications of Native Title (Annandale: The Federation Press in association with The Centre for Commercial and Property Law, Queensland University of Technology, 1997)

7 Sheehan, J and Wensing, E Indigenous Property Rights: New Development for Planning and Valuation, Discussion Paper No. 17 (Canberra: The Australia Institute, March 1998)

8 Fingleton, PG et al 'Industrial Property' in Australian Institute of Valuers and Land Economists Valuation Principles and Practice (Deakin: The Institute, 1997)

9 Sheehan, J 'Native Title and Statutory Estates' (1998) 4.1 Australian Land Economics Review, pp29-35

10 op cit, Sheehan, J and Wensing, E, p43.

11 Hyam, A 'A Valuation of Native Title Lands' Paper presented to Native Title Workshop AIVLE, Sydney 22nd May 1997

Note

Further useful background on native title can be obtained in the Australian Local Government Association (ALGA) 1999, Working with Native Title: A Guide for Local Government publication The Guide is in two parts: Part A describes a six-step process for determining when native title exists, may exist or has been extinguished, and recommended approaches in dealing with land or water affected by native title. Part B usefully details other sources of information.

APPENDIX 1

Scheduled Interests

The following is a list of scheduled interests which the States and Territories assert to confer a right of exclusive possession that extinguishes native title rights and interests over the land or waters concerned. The list is included in the amended Native Title Act 1993 (Cth) and forms Schedule 1 to the amended Act. For ease of reference, the list has been rearranged in chronological order of the statute under which the interest was created.

NSW

Public Parks Act 1854
s.5 lease (defined uses)

Crown Lands Occupation Act 1861
s.30 special purposes lease

Crown Lands Act 1884
s.89 special lease
s.90 special lease (defined uses)
s.92 special lease (defined uses)
conditional lease

Public Parks Act 1884
s.6 lease (defined uses)

Crown Lands Act 1895
s.50 residential lease (original or additional)
homestead selection or grant (original or additional)
settlement lease (original or additional)(defined uses)

Crown Lands Act 1889
s.48 residential lease (original or additional)

Western Lands Act 1901
s.23 lease (defined uses)
s.28A special lease (defined uses)
conditional lease

Public Parks Act 1902
s.7 lease (defined uses)

Crown Lands (Amendment Act) 1905
conditional purchase lease -- (original or additional)

Crown Lands (Amendment) Act 1912
Crown lease (original or additional; defined uses)
suburban holding (original or additional)
town land lease within an irrigation area
homestead farm (original or additional)
irrigation farm lease or non-irrigable lease

Crown Lands Consolidation Act 1913
s.69A lease (defined uses)
s.74 special lease (defined uses)
s.75 or s.75B special lease (defined uses)
s.76 special lease (defined uses)
s.80 residential lease (original or additional)
s.82A town land lease
Part 111A lease (defined uses)
Div. 3 (Part 111B) lease (defined uses)
homestead selection or grant (original or additional)
settlement lease (original or additional; defined uses)
conditional lease
conditional purchase lease (original or additional)
Crown lease (original or additional; defined uses)
suburban holding (original or additional)
town land lease within an irrigation area
homestead farm (original or additional)
irrigation farm lease or non-irrigable lease
week-end lease
special conditional purchase lease (original or
additional)

Returned Soldiers Settlement Act 1916
s.4 lease

Closer Settlement Amendment (Conversion) Act 1943
group purchase lease
closer settlement lease
settlement purchase lease

Kosciusko State Park Act 1944
ss. 11(3) lease

National Parks and Wildlife Act 1967
para.. 30(1)(a) or (b) lease

National Parks and Wildlife Act 1974
para. 151 (1)(a), (b), (c), (d), or (e) lease
Schedule 9A lease (defined uses)

Crown Lands Act 1989
s34 lease (defined uses).
Division 5 (Part 5) lease (defined uses)

VICTORIA

Land Act 1862
s..XXI, lease
s.XXIII lease
s.XLVIII lease
s.L lease (defined uses)
Amending Land Act 1865
s.13 lease
s.37 lease (defined uses)
s.38 lease

Land Act 1869
s.20 lease
s.31 lease
s.33 lease
s.46 lease
s.45 lease (defined uses)

Victorian Water Conservation Act 1881
s.75 lease
Land Act 1884
s.18 lease
s.44 lease
s.49 lease (defined uses)
s.92 lease
s.94 lease
s.85 drained and reclaimed swamp land lease (defined uses)
s.91 lease (defined uses)
agricultural allotment lease
agricultural lease
Irrigation Act 1886
s.118 lease

Land Act 1890
s.18 lease
lease (non-residence licence conditions)
s.85 drained and reclaimed swamp land lease (defined
uses)
s.97 lease (defined uses)
s.100 lease
agricultural allotment lease
agricultural lease

Melbourne and Metropolitan Board of Works Act 1890
s.147 lease (defined uses)
s.148 building or improving lease (defined uses)

Water Act 1890
s.68 lease (defined uses)
s.243 lease (defined uses)
s.277 lease
s.292 lease (defined uses)

Settlement on Lands Act 1893
village community allotment lease
township allotment lease
homestead section lease

Land Act 1896
s.2 lease

Land Act 1898
s.51 (defined uses)
s.61 grazing allotment lease
agricultural allotment lease
agricultural lease
perpetual lease
conditional purchase lease

Land Act 1900 s.19
lease agricultural
lease
agricultural allotment lease
perpetual lease
conditional purchase lease

Land Act 1900 (No.2)
agricultural allotment lease, or agricultural lease
perpetual lease
conditional purchase lease

Land Act 1901
s.18 lease
s.50 lease (defined uses)
s.56 grazing allotment lease
s.131 drained and reclaimed swamp land lease (defined uses)
s.142 lease (defined uses)
s.143 lease
s.144 lease
s.309 lease
s.311 lease
s.402 lease
s.411 lease
agricultural allotment lease,
agricultural lease
village community allotment lease
township allotment lease
homestead section lease
perpetual lease
conditional purchase lease
residential lease (selection purchase allotment)
non-residential lease (selection purchase allotment)
selection purchase lease

Land Act 1904 s.28
lease perpetual
lease

Water Act 1905
s.213 lease
s.299 lease (defined uses)

Murray Settlements Act 1907
conditional purchase lease

Land Act 1911
s.73 lease
agricultural allotment lease,
agricultural lease
perpetual lease
conditional purchase lease
residential lease (selection purchase allotment)
non-residential lease (selection purchase allotment)
selection purchase lease

Land Act 1915
s.110 drained and reclaimed swamp land lease
(defined uses)
s.125 lease (defined uses)
s.127 lease
s.128 lease
agricultural allotment lease,
agricultural lease
perpetual lease
conditional purchase lease
residential lease (selection purchase allotment)
non-residential lease (selection purchase allotment)
selection purchase lease

Land Act 1915 (No 2)
s.4 lease
residential lease (selection purchase allotment)
non-residential lease (selection purchase allotment)
selection purchase lease

Melbourne and Metropolitan Board of Works Act 1915
s.209 lease (defined uses)
s.210 building or improving lease (defined uses)

Water Act 1915
s.184 lease
s.299 lease (defined uses)

Forests Acts 1918
s.39 lease (defined uses)

Land Act 1928
s.110 drained and reclaimed swamp land lease (defined uses)
s.125 lease (defined uses)
ss.126(2) lease
s.127 lease
s.128 lease
s.352 lease (defined uses)
s.356 lease
agricultural allotment lease
agricultural lease
perpetual lease
conditional purchase lease
residential lease (selection purchase allotment)
non-residential lease (selection purchase allotment)
selection purchase lease

Melbourne and Metropolitan Board of Works Act 1928
s.209 lease (defined uses)
s.210 building or improving lease (defined uses)

Water Act 1928
s.184 lease
s.299 lease (defined uses)

Land Act 1933
conditional purchase lease

Land (Residential Areas) Act 1935
residence area occupancy right

Land Act 1941
ss.126(2) lease
ss.7(2) lease (defined uses)
s.14 lease (defined uses)
agricultural allotment lease
agricultural lease
perpetual lease
conditional purchase lease
residential lease (selection purchase allotment)
non-residential lease (selection purchase allotment)
selection purchase lease

Soldier Settlement Act 1946
settlement interim lease
settlement purchase lease
purchase lease

North-West Mallee Settlement Areas Act 1948
perpetual lease (defined uses)

Land (Development Leases) Act 1951
development lease

Land Settlement Act 1953
perpetual lease

Land (Improvement Purchase Lease) Act 1956
improvement purchase lease

Education Act 1958
s.17 lease (defined uses)
s.20A lease (defined uses)

Forests Act 1958
s.51 lease (defined uses)
s.57B lease

Harbour Boards Act 1958
s.35 lease (defined uses)

Land Act 1958
s.110 drained and reclaimed swamp land lease
(defined uses)
s.133B cultivation lease
s.134 lease (defined uses)
ss.135(2) lease
s.136 lease
s.137 lease
s.151E lease
s.222A lease
s.222B lease
Subdn.1 Div 9 Pt.I lease (defined uses)
Div.3 Pt.II) perpetual lease (defined uses)
agricultural allotment lease
agricultural lease conditional
purchase lease perpetual lease
(defined uses) residence area
occupancy right development
lease improvement purchase
lease industrial lease
industrial purchase lease
industrial development lease
settlement interim lease
settlement purchase lease
purchase lease
residential lease (selection purchase allotment)
non-residential lease (selection purchase allotment)
selection purchase lease

Land Settlement Act 1958
perpetual lease
conditional purchase lease

Melbourne and Metropolitan Board of Works Act 1958
s.235 lease (defined uses)
s.236 building or improving lease (defined uses)

Port of Geelong Authority Act 1958 ss.
46(1) lease (defined uses)
para.24(2)(b) lease (defined uses)
para.26B(1)(a) lease (defined uses)

Port of Melbourne Authority Act 1958
s.50A lease (defined uses)
para.50(2)(b) lease (defined uses)
para.56(A)(1)(a) lease (defined uses)

Port of Portland Authority Act 1958
ss.19(2) lease (defined uses)
para. 17A(2)(b) lease (defined uses)
para. 17E(1)(a) lease (defined uses)

Railways Act 1958
s.76 lease (defined uses)

Soldier Settlement Act 1958
ss.43 lease (pending interim lease grant)
settlement interim lease
settlement purchase lease
purchase lease

Water Act 1958
s.200 lease
s.324 lease (defined uses)

Land Settlement Act 1959
s.47 lease
settlement interim lease
settlement purchase lease
purchase lease
temporary lease

Land (Surf Life Saving Association) Act 1967
s.3 lease

Albury-Wodonga Agreement Act 1973
ss.7(2) lease (defined uses)
para.15(1)(f) lease (defined uses)

National Parks Act 1975
para.19(2)(a) lease or tenancy
para.19(2)(b) building tenancy
s.31AA lease (defined uses)
s.30AA lease or tenancy
s.32AB lease or tenancy
s.32B lease or tenancy
s.32C tenancy (defined uses)

Emerald Tourist Railway ACT 1977
para.41(1)(a) lease (defined uses)

Melbourne Market Authority Act 1977
para.7(2)(a) lease or tenancy (defined uses)

Melbourne Wholesale Fruit and Vegetable Market Trust Act 1977
para.6(2)(a) lease or tenancy (defined uses)

Crown Land (Reserves) Act 1978
s.14D lease (defined uses)
s.16 lease (defined uses)
s.17C lease (defined uses)
s.17D lease (defined uses)
s.22 lease
s.23 lease
s.29A lease (defined uses)

Railway Construction and Property Board Act 1979
subpara.21(1)(f)(I) lease (defined uses)
ss.25(3) lease or tenancy
ss.26(1) lease or tenancy

Government Employee Housing Authority Act 1981
para.13(1)(i) lease

Alpine Resorts Act 1983
s.28A lease
ss.28(2) lease (defined uses)
para.28(2)(c) lease (defined uses)

Transport Act 1983
para.47(2)(b) lease (defined uses)

Rural Finance Act 1988
settlement interim lease
settlement purchase lease
purchase lease

Water Act 1989
s.132 lease (defined uses)

Casino Control Act 1991
s.128K lease

Docklands Authority Act 1991
ss.20(2) lease (defined uses)
ss.24(1) lease (defined uses)

Royal Botanic Gardens Act 1991
ss.24(2) lease (defined uses)
ss.24(3A) lease

Melbourne Sports and Aquatic Centre Act 1994
ss.24(2) deemed lease (defined uses)
para.24(1)(b) lease (defined uses)

Australian Food Industry Science Centre Act 1995
Port Services Act 1995
para.65(4)(d) lease (defined uses)

Zoological Parks and Gardens Act 1995
para.33(2)(a) lease (defined uses)

QUEENSLAND

Alienation of Crown Lands Act 1860
s.XII lease

Leasing Act 1866
Lease

Crown Lands Alienation Act 1868
s.51 lease
s.69 special lease

Gold Fields Town Lands Act 1869
lease

Gold Fields Homestead Act 1870
homestead lease

Homestead Areas Act 1872
homestead selection

Crown Lands Alienation Act 1876
s.28 lease
s.70 special lease
homestead selection

Gold Fields Homestead Act Amendment Act 1880
lease

Crown Lands Act 1884
agricultural farm

Gold Fields Homestead Leases Act 1886
homestead lease

Crown Lands Act 1891
unconditional selection

Mineral Homesteads Leases Act 1891
homestead lease

Agricultural Lands Purchase Act 1894
agricultural farm

Agricultural Lands Purchase Act 1897
agricultural farm

Land Act 1897
s.188 special lease
agricultural farm
agricultural homestead
free homestead
perpetual lease selection
perpetual town allotment lease
perpetual suburban allotment lease
prickly pear frontage selection
prickly pear infested selection
unconditional selection

Mining Act 1898
miner's homestead lease (or pursuant to any Act repealed by this Act.)

Prickly Pear Selections Act 1901
prickly-pear selection

Special Agricultural Homesteads Act 1901
agricultural homestead

Special Agricultural Selections Act 1901
agricultural farm

Closer Settlement Act 1906
agricultural farm
perpetual lease selection
perpetual town lease
auction perpetual lease (that is a perpetual town lease)
perpetual country lease
auction country lease (that is a perpetual country lease)
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban lease)
settlement farm lease
unconditional selection

Land Act 1910
s.119A lease
ss.185(2) lease (defined uses)
agricultural farm agricultural
homestead designed
settlement farm lease free
homestead
perpetual lease selection
perpetual town lease
auction perpetual lease (that is a perpetual town lease)
perpetual country lease
auction country lease (that is a perpetual country lease)
perpetual country lease without competition
perpetual town lease without competition
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban lease)
perpetual suburban lease without competition
perpetual lease prickly-pear development selection
prickly-pear selection
prickly-pear development selection
settlement farm lease
special lease (defined uses)
unconditional selection

Miners' Homestead Leases Act 1913
miner's homestead perpetual lease
miner's homestead lease

Clermont Flood Relief Act 1917
s.8 perpetual lease

Discharged Soldier's Settlement Act 1917
perpetual lease selection
perpetual town lease
auction perpetual lease (that is a perpetual town lease)
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban

Workers' Homes Act 1919
perpetual town lease
auction perpetual lease (that is a perpetual town
lease)
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban lease)

Sugar Workers' Perpetual Lease Selections Act 1923
perpetual lease selection

Upper Burnett and Callide Land Settlement Act 1923
grazing homestead
perpetual lease selection

Tully Sugar Works Area Land Regulations Ratification Act
1924
perpetual lease selection
perpetual town lease
auction perpetual lease (that is a perpetual town lease)
perpetual country lease
auction country lease (that is a perpetual country lease)
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban lease)
sugar workers' agricultural farm

Prickly-pear Land Acts Amendment Act 1930
perpetual lease prickly-pear development selection
prickly-pear development selection
Irrigation Acts Amendment Act 1933
perpetual lease selection
perpetual town lease
auction perpetual lease (that is a perpetual town lease)

State Housing Act 1945
s.22B term or perpetual lease (defined uses)
perpetual town lease
auction perpetual lease (that is a perpetual town lease)
freeholding lease
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban lease)
perpetual suburban lease without competition

City of Brisbane (Flood Mitigation Works Approval) Act 1952
perpetual country lease (without competition)
perpetual town lease without competition
perpetual suburban lease without competition

Land Acts Amendment Act 1952
designed agricultural selection

Harbours Act 1955
s.64A lease

Crown Land Development Act 1959
development lease (defined uses)

Amoco Australia Pty Limited Agreement Act 1961
s.3 special lease (cl.3 Agt.)

Brigalow and Other Lands Development Act 1962
agricultural farm
perpetual lease selection
purchase lease
settlement farm lease

Irrigation Areas (Land Settlement) Act 1962
agricultural farm
perpetual lease selection
perpetual town lease
auction perpetual lease (that is a perpetual town lease)
perpetual country lease (non-competitive)
perpetual country lease
auction country lease (that is a perpetual country lease)
perpetual town lease without competition
perpetual town lease (non-competitive)
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban lease)
perpetual suburban lease without competition
perpetual suburban lease (non-competitive)
settlement farm lease

Land Act 1962
s.176 lease
s.343 lease (defined uses)
ss.207(7) lease
agricultural farm
auction purchase freehold
development lease (defined uses)
grazing homestead freeholding lease
grazing homestead perpetual lease
perpetual lease selection
perpetual town lease
auction perpetual lease (that is a perpetual town lease)
perpetual country lease
auction country lease (that is a perpetual country lease)
perpetual country lease (non-competitive)
perpetual town lease (non-competitive)
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban lease)
perpetual suburban lease (non-competitive)
settlement farm lease special
lease (defined uses) special
lease purchase freehold

Industrial Development Act 1963
ss. 6A(2) sub-lease
para.24(b) lease

Austral-Pacific Fertilizers Limited Agreement Act 1967
s.3 (cl.4(b) Agt) lease
s.3 (cl.4(c) Agt) lease
s.3 (c.4(d) Agt) special lease

Gateway Bridge Agreement Act 1980
s.4 (cl.1(5)Pt.III Agt.) special lease

Mining Titles Freeholding Act 1980
mining titles freeholding lease

Motorways Agreements Act 1987
s.4 (cl.1(4)Pt.III Agt) special lease

Land Act 1994
ss.57(1) lease (defined uses)
Sched.6 freeholding lease
term or perpetual lease (defined uses)
grazing homestead freeholding lease

WESTERN AUSTRALIA

Land Regulations 1829
town land lease (defined uses)

Land Regulation 1872
special occupation land lease

Land Regulations 1887
cl.46-53 conditional purchase lease

Mineral Lands Act 1892
ss.12(5) lease

Homestead Act 1893
homestead farm
homestead lease

Agricultural Lands Purchase Act 1896
lease

Land Act 1898
s.41a lease (defined uses)
s.152 lease (defined uses)
s.153 town or suburban land lease (defined uses)
s.153a lease
Pt.V conditional purchase lease
Pt.VI conditional purchase lease
homestead farm
special settlement land lease
working man's block lease

Mining Act 1904
Pt.VIII miner's homestead lease (defined uses)

Agricultural Land Purchase Act 1909
lease

Land Act 1933
ss.32(1) lease (defined uses)
ss.33(3) lease (defined uses)
s.116 lease (defined uses)
s.117 town land lease (defined uses)
s.117A lease (defined uses)
Pt.V conditional purchase lease
Pt.IV lease (defined uses)
homestead farm
special settlement land lease
working man's block lease

State Housing Act 1946-1974
Pt.V worker's dwelling house lease

Oil Refinery Industry (Kwinana Agreement) Act 1952
lease (other than a mineral lease) (defined uses)

War Service Land Settlement Scheme Act 1954
perpetual lease

Broken Hill Proprietary Company's Integrated Steel Works Agreement Act 1960
lease (other than a mineral lease) (defined uses)
Iron Ore (Hamersley Range) Agreement Act 1963
lease (other than a mineral lease) (defined uses)
Iron Ore (Hamersley Range) Agreement Act 1963-1968
lease (other than a mineral lease) (defined uses)
Iron Ore (Robe River) Agreement Act 1964
lease (other than a mineral lease) (defined uses)
Iron Ore (Mount Goldsworthy) Agreement Act 1964
lease (other than a mineral lease) (defined uses)
Iron Ore (Mount Newman) agreement Act 1964
lease (other than a mineral lease) (defined uses)

Leslie Solar Salt Industry Agreement Act 1966
lease (other than a mineral lease) (defined uses)

Dampier Solar Salt Industry Agreement Act 1967
lease (other than a mineral lease) (defined uses)

Evaporites (Lake MacLeod) Agreement Act 1967
lease (other than a mineral lease) (defined uses)

Iron Ore (Hamersley Range) Agreement Act Amendment Act 1968
lease (other than a mineral lease) (defined uses)

Irrigation (Dunham River) Agreement Act 1968
lease (other than a mineral lease) (defined uses)

Nickel Refinery (Western Mining Corporation Limited) Agreement Act 1968
lease (other than a mineral lease) (defined uses)

Alumina Refinery (Pinjarra) Agreement Act 1969
lease (other than a mineral lease) (defined uses)

Nickel Refinery (Westing Mining Corporation Limited) Agreement Act Amendment Act 1970
lease (other than a mineral lease) (defined uses)

Poseidon Nickel Agreement Act 1971
lease (other than a mineral lease) (defined uses)

Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972
lease (other than a mineral lease) (defined uses)

Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972
lease (other than a mineral lease) (defined uses)

Iron Ore (Mount Bruce) Agreement Act 1972
lease (other than a mineral lease) (defined uses)

Alumina Refinery (Worsley) Agreement Act 1973
lease (other than a mineral lease) (defined uses)

Nickel (Agnew) Agreement Act 1974
lease (other than a mineral lease) (defined uses)

Mineral Sands (Eneabba) Agreement Act 1975
lease (other than a mineral lease) (defined uses)

Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978
lease (other than a mineral lease) (defined uses)

Collie Coal (Griffin) Agreement Act 1979
lease (other than a mineral lease) (defined uses)

Collie Coal (Western Collieries) Agreement Act 1979
lease (other than a mineral lease) (defined uses)

North West Gas Development (Woodside) Agreement Act 1979
lease (other than a mineral lease) (defined uses)

Diamond (Argyle Diamond Mines) Agreement Act 1981
lease (other than a mineral lease) (defined uses)

Shark Bay Solar Salt Industry Agreement Act 1983
lease (other than a mineral lease) (defined uses)

Camballin Farms (AIL Holdings Pty Ltd) Agreement Act 1985
lease (other than a mineral lease) (defined uses)

Western Mining Limited (Throssell Range) Agreement Act 1985
lease (other than a mineral lease) (defined uses)

Iron Ore (Channar Joint Venture) Agreement Act 1987
lease (other than a mineral lease) (defined uses)

Iron Ore (Marillana Creek) Agreement Act 1991
lease (other than a mineral lease) (defined uses)

SOUTH AUSTRALIA

Scrub Lands Act 1866
lease with right of purchase

Scrub Lands Act Amendment Act 1867
lease with right of purchase

Waste Lands Amendment Act 1868-9
credit agreement
agreement of sale and purchase on credit

Scrub Lands Act Extension Act 1870 -- 71
lease with right of purchase

Miscellaneous Leases Act 1872
s.1 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)

Waste Lands Alienation Act 1872
credit agreement,
agreement of sale and purchase on credit
s.39 lease with right of purchase (defined uses)

Crown Lands Consolidation Act (No.86) 1877
s.58 lease with right of purchase
s.92 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
Pt. III (excl.s.58) lease with right of purchase (defined uses)
credit agreement
agreement of sale and purchase on credit

Crown Lands Amendment Act 1880
credit agreement
agreement of sale and purchase on credit

Crown Lands Amendment Act 1881
credit agreement
agreement of sale and purchase on credit

Crown Lands Amendment Act 1882
s.20 lease with right of purchase
credit agreement
agreement of sale and purchase on credit

Agricultural Crown Lands Amendment Act 1884
Pt.II lease with right of purchase
Pt. III selector's lease
credit agreement
agreement of sale and purchase on credit

Crown Lands Amendment Act 1885
s.29 lease (other than Aboriginal reserve leases)

Crown Lands Consolidation Act 1886
Pt.II grazing and cultivation lease (defined uses)
Pt.II grazing and cultivation lands lease (defined uses)
Pt.III selector's lease
Pt.XI working man's block perpetual or term lease (other than Aboriginal reserve leases)
Pt.XI working man's block term lease (defined uses)
Pt.XI homestead block perpetual or term lease (other than Aboriginal reserve leases)
Pt.XI homestead block term lease (defined uses)
Pt.II lease with right of purchase
s.159 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
credit agreement
agreement of sale and purchase on credit

Crown Lands Amendment Act 1887
Pt.III lease with right of purchase

Crown Lands Act 1888
Pt.II lease with right of purchase (defined uses)
Pt.VII working man's block perpetual or term lease, (other than Aboriginal reserve leases)
Pt.VII homestead block perpetual or term lease (other than Aboriginal reserve leases)
s.118 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
perpetual lease (defined uses)
right of purchase lease (defined uses)

Crown Lands Amendment Act 1893
perpetual lease (defined uses)
lease with right of purchase (defined uses)
s.80 villager's lease

Closer Settlement Act 1897
s.11 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
perpetual lease (defined uses)

Broken Hill Proprietary Company Limited's Hummock Hill to Iron Knob Tramways and Jetties Act 1900
s.8 perpetual lease

Crown Lands, Closer Settlement, and Blockholders' Loans Amendment Act 1901
perpetual lease (defined uses)

Village Settlements Act 1901
Pt.IV horticultural or commonage land perpetual lease
Closer Settlement Act 1902
s.11 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)

Crown Lands Act 1903
Pt.IX agreement
Pt.IX working man's block perpetual or term lease, (other than Aboriginal reserve leases)
Pt.IX homestead block perpetual or term lease (other than Aboriginal reserve leases)
s.80 miscellaneous lease (other than Aboriginal reserves leases) (defined uses)
s.126 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
perpetual lease (defined uses)

Irrigation and Reclaimed Lands Act 1908
s.24 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
irrigation area block perpetual or term lease

Irrigation and Reclaimed Lands Act 1914
s.26 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
irrigation area block perpetual or term lease

Crown Lands Act 1915
Pt.IX working man's block perpetual or term lease, (other than Aboriginal reserve leases)
Pt.IX homestead block perpetual or term lease (other than Aboriginal reserve leases)
Pt.VIII horticultural or commonage land perpetual lease
s.83 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
s.128 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
perpetual lease (defined uses)

Returned Soldiers Settlement Act 1915
perpetual lease (defined uses)
term lease (defined uses)

Discharged Soldiers Settlement Act 1917
perpetual lease (defined uses)
term lease (defined uses)

Lyrup Village Association (District Extension) Act 1921
horticultural or commonage land perpetual lease

Agricultural Graduates Land Settlement Act 1922
perpetual lease (defined uses)

Irrigation Act 1922
s.48 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
irrigation area block perpetual or term lease
irrigation area town allotment perpetual or term lease

Hummock Hill to Iron Knob Tramway Extension Act 1927
s.5 perpetual lease

Crown Lands Act 1929
Pt.IX working man's block perpetual or term lease, (other than Aboriginal reserve leases)
Pt.IX homestead block perpetual or term lease (other than Aboriginal reserve leases)
Pt V perpetual lease (defined uses)
Pt.VIII horticultural or commonage land perpetual lease
s.77 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
s.78B miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
s.182 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
s.66A perpetual lease (defined uses)
s.199 perpetual lease (defined uses)

Irrigation (Land Tenure) Act 1930
s.27 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
s.44 miscellaneous lease (other than Aboriginal reserve leases) (defined uses)
irrigation area block perpetual or term lease
irrigation area town allotment perpetual or term lease

Discharged Soldiers Settlement Act 1934
perpetual lease (defined uses)
term lease (defined uses)

Broken Hill Proprietary Company's Indenture Act 1937
lease (cl.11 Indenture in Schedule to Act) (defined uses)

Marginal Lands Act 1940
perpetual lease (defined uses)

National Parks and Wildlife Act 1972
s.35 lease (defined uses)

Crown Lands Development Act 1943-1973
perpetual lease (defined uses)

War Service Land Settlement Agreement Act 1945
perpetual lease (Agt in Schedule to Act)

TASMANIA

Crown Lands Act 1890
s.81 lease
s.82 lease
s.24 lease (defined uses)

Crown Lands Act 1903
ss.128(1) lease
ss 128(2) lease (defined uses).
s. 24 lease (defined uses)
s.129 lease

Crown Lands Act 1911
ss.108(1) lease
ss.108(2) lease (defined uses)
s.11 lease (defined uses)
s.109 lease

Closer Settlement Act 1929
Pt.V (excl. s.41-2) lease (defined uses)
Crown Lands Act 1935
ss.7(2) lease (defined uses)
ss.77(1) lease
ss.77(4) lease (defined uses)
s.23 lease (defined uses)
s.78 lease
building lease

Crown Lands Act 1976
s.29 lease (defined uses)

NORTHERN TERRITORY

Northern Territory Land Act 1872 (South Australia)
s.30 lease
s.81 lease
s.83 special purposes lease (defined uses)

Northern Territory Crown Lands Consolidation Act 1882 (South Australia)
s.30 lease
s.77 lease
s.79 special purposes lease (defined uses)

Northern Territory Crown Lands Act 1890 (South Australia)
s.54 lease
s.77 special purposes lease (defined uses)
s.78 special purposes lease (defined uses)
s.78 lease (defined uses)
Pt.II lease

Crown Lands Ordinance 1912 (No.3 of 1912)
Div. 3 Pt.III agricultural lease (defined uses)
Div. 3 Pt.III agricultural land lease (defined uses)
Div. 4 Pt.III town land lease (defined uses)
Div. 5 Pt.III miscellaneous lease (defined uses)

Crown Lands Ordinance 1912 (No.8 of 1912)
Div. 3 Pt.III agricultural lease (defined uses)
Div. 3 Pt.III agricultural land lease (defined uses)
Div. 4 Pt.III town land lease (defined uses)
Div. 5Pt.III miscellaneous lease (defined uses)

Crown Lands Ordinance 1924
s.73A garden land miscellaneous lease
Div. 3 Pt.III agricultural lease (defined uses)
Div. 3 Pt.III agricultural land lease (defined uses)
Div.4 Pt.III town land lease (defined uses)
Div.5 Pt.III miscellaneous lease (defined uses)

Crown Lands Ordinance 1927 (Territory of North Australia)
s.69 garden land miscellaneous lease
Div.3 Pt.III agricultural lease (defined uses)
Div.3 Pt.III agricultural land lease (defined uses
Div.4Pt.III town land lease (defined uses)
Div.5Pt.III miscellaneous lease (defined uses)

Crown Lands Ordinance 1927 (Territory of Central Australia)
s.69 garden land miscellaneous lease
Div.3 Pt.III agricultural lease (defined uses)
Div.3 Pt.III agricultural land lease (defined uses
Div.4 Pt.III town land lease (defined uses)
Div.5 Pt.III miscellaneous lease (defined uses)

Crown Lands Act 1931 -- 1991 (Northern Territory)
s.6A lease
s.16A experimental farm agricultural lease (defined uses)
s.25CF town land lease (defined uses) s.25CG
agricultural lease (defined uses) s.25CG
agricultural land lease (defined uses) s.25DAA
agricultural lease (defined uses) s.25DAA
agricultural land lease (defined uses) s.25DAA
miscellaneous lease (defined uses) s.68A lease
s.68B lease
s.68C lease
s.68D lease
s.68E lease
s.68F lease
s.68G lease
s.68H lease
s.70 garden land miscellaneous lease s.74A
agricultural lease (defined uses) s.74A
agricultural land lease (defined uses) s.74A
town land lease (defined uses)
s.74D agricultural lease (defined uses)
s.74D agricultural land lease (defined uses)
s.74D miscellaneous lease (defined uses)
s.74D town land lease (defined uses)
s.74E miscellaneous lease (defined uses)
s.112A lease
para.23(b) lease (defined uses)
para.23(c) lease (defined uses)
Div.3 Pt.III agricultural lease (defined uses)
Div.3 Pt.III agricultural land lease (defined uses)
Div.4 Pt.III town lease (defined uses)
Div.5 Pt.III miscellaneous lease (defined uses)
Div.6 Pt.III town land subdivision lease

Darwin Leases (Special Purposes) Ordinance 1946
s.2 lease

Darwin Short Term Leases Ordinance 1946
s.3 lease

Church Lands Leases Ordinance 1947
s.3 lease

Darwin Town Area Leases Act 1947-1979 (Northern Territory)
s.4 lease
s.16A lease
s.16AA lease
s.16B lease
s.16C lease
s.16D lease
s.29A lease

Agricultural Development Leases Ordinance 1956
s.14 agricultural lease (defined uses)
s.14 agricultural land lease (defined uses)
agricultural development lease (defined uses)

Rice Development Agreement Ordinance 1956
Agricultural land lease (Agt. In Sched. to Act) (defined uses)
Agricultural lease (Agt. In Sched. to Act) (defined uses)
Agricultural development lease (Agt. In Sched. to Act) (defined uses)

Crown Lands Act (Northern Territory)
s.5 lease
para.26(a) Crown lease (defined uses)
para.26(b) Crown Lease (defined uses)

Special Purposes Leases Act (Northern Territory)
s.4 special purposes lease (defined uses)

Mining Gove Peninsula Nabalco Agreement Act (Northern Territory)
s.6 special purposes lease (defined uses)
special purposes lease (subcl.4(2) of Agt. In Sched. to Act)(defined uses)

APPENDIX 2 - GLOSSARY

Anthropology
The study of humankind's physical characteristics, historical and present geographical distribution, racial classification,
group relationships and cultural history.
Application
An application for a determination of native title is the document required to be lodged with the Federal Court and the due processes that follow under the Native Title Act 1993 (Cth) or complementary legislation
Claim
The rights and interests being asserted in an application for a determination of native title.
Ethnoecology
A two fold discipline that deals with cultural or social anthropology, including the comparative and analytical study of cultures combined with the interrelationship of humankind and its environment focussed on natural cycles and rhythms, community development and structure, interaction between different groups of humankind, geographic distributions and population alterations.
Ethnography
A branch of anthropology that deals historically with the origin and family relationships (filiation) of races and cultures.
Extinguish
In relation to native title, 'extinguishment' means to permanently extinguish the native title rights and interests. This means there is no possibility of their revival after the extinguishment occurs even if the extinguishing act ceases to exist. (Section 237A of the Native Title Act 1993 (Cth)).
Land or Waters
In the context of the Native Title Act 1993 (Cth), land or waters refers to:
  • • inland waters;
  • • subterranean waters;
  • • coastal waters within limits of the State or territory, including areas above the low water mark and waters within some bays, or between the coast and some nearby islands; and
  • • the bed or subsoil under, or airspace over any waters.
Non-extinguishment principle
In relation to native title, the 'non-extinguishment principle' means that an activity does not wholly or partially extinguish native title, and that when the activity ceases or is wholly removed, the native title rights and interests again have full effect. (Section 238 of the Native Title Act 1993 (Cth).)
Registered native title claimant
Person or persons whose name or names appear in an entry on the Register of Native Title Claims as the applicant in relation to getting a determination of native title in relation to the land or waters.
Representative Body
A representative body is an organisation approved by the Commonwealth Minister under the provisions of the Native Title Act 1993 (Clth) to represent the interests of Aboriginal peoples or Torres Strait Islanders within a particular region on native title matters. These bodies are elected local Indigenous land councils or legal aid services that have special responsibility to assist and represent native title holders and claimants. (Section 202 of the Native Title Act 1993 (Cth).)