Part 1 Preliminary

1   Name of Act

This Act may be cited as the Native Title (New South Wales) Act 1994.

2   Commencement

This Act commences on a day or days to be appointed by proclamation.

3   Objects of this Act

The main objects of this Act are:

(a)  in accordance with the Commonwealth Native Title Act, to validate any past acts, and intermediate period acts, invalidated because of the existence of native title and to confirm certain rights, and

(b)  to ensure that New South Wales law is consistent with standards set by the Commonwealth Native Title Act for future dealings affecting native title.

(c)  (Repealed)

4   Definitions

(1)  In this Act:

Commonwealth Native Title Act or NTA means the Native Title Act 1993 of the Commonwealth.

State Compulsory Acquisition Act means any of the following laws:

•  Land Acquisition (Just Terms Compensation) Act 1991 and any enactment that authorises the acquisition of land in accordance with that Act

•  sections 21 and 22A of the Pipelines Act 1967

•  any enactment that effects a compulsory acquisition of land and provides compensation as if the acquisition had been effected by an acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991

•  Division 2 of Part 12 of the Roads Act 1993

•  an Act prescribed by the regulations made under this Act.

State Mining Act means any of the following Acts:

•  Mining Act 1992

•  Offshore Minerals Act 1999

•  Petroleum (Onshore) Act 1991

•  an Act prescribed by the regulations made under this Act.

(2)  In this Act, the expression Aboriginal peoples includes Torres Strait Islanders.

5   Words and expressions used in Commonwealth Native Title Act

(1)  Words and expressions used in the Commonwealth Native Title Act and this Act have the same meanings in this Act as they have in the Commonwealth Native Title Act.

(2)  This section applies except so far as the context or subject-matter otherwise indicates or requires.

(3)  However, this section does not apply to a word or expression defined in section 4 (Definitions).

Note. Section 222 of the Commonwealth Native Title Act (“NTA”) sets out a list of definitions used in that Act.

6   Act to bind Crown

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.