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Four sunsetting instruments under Native Title Act 1993

Announcement date
19 September 2024

Link to announcement 
Native Title regulations change on 1 October 2024

Problem being addressed
The following four instruments supported native title application and agreement-making mechanisms through prescribing Court and Tribunal forms and fees, as well as prescribing procedural and notice requirements for applications:

  1. Native Title (Federal Court) Regulations 1998
  2. Native Title (Indigenous Land Use Agreements) Regulations 1999
  3. Native Title (Tribunal) Regulations 1993, and
  4. Native Title (Notices) Determination 2011 (No. 1).

These instruments were due to sunset in October 2023.

Proposal
The Attorney-General’s Department proposed to remake these instruments without significant amendments.

Assessed Impact Analysis outcome
Sunsetting instrument

Assessment comments
Consistent with the Government's Policy Impact Analysis requirements for sunsetting instruments, the Attorney-General's Department has certified that these four regulations operating effectively and efficiently. Therefore, an Impact Analysis is not required for the remaking of these regulations. 

Regulatory burden
Attorney-General's Department estimates a $7.74 million reduction in the average annual regulatory costs to community organisations.

Attachment File type Size
Certification Letter One DOCX 25.26 KB
Certification Letter One pdf 923.61 KB
Certification Letter Two DOCX 23.94 KB
Certification Letter Two pdf 592.85 KB