Notification process (section 29)
The notification process - section 29 of the Native Title Act 1993 (Cwlth) - is triggered when addressing native title rights and interests through the expedited procedure and right-to-negotiate process.
By law, we must notify any relevant native title party, representative body or prescribed body corporate, the National Native Title Tribunal and the grantee party (the resource authority applicant) of the State’s intention to grant a right to mine over land that may be subject to native title. For resource authorities not located wholly within the boundary of a determined claim, we prepare and place advertisements in both an Indigenous-specific and local newspaper.
(Note: if you choose to negotiate an Indigenous land use agreement, you are solely responsible for advertising requirements.)
If the proposed resource authority attracts the expedited procedure, the notice we give will also state this.
Section 29 notices for native title
When you lodge your application, you must nominate a native title process. If you select the expedited procedure or-right to-negotiate process, you need to pay an advertising fee.
We then prepare a section 29 notice to help you meet your public notification requirements.
If an application relates wholly to a determined claim, an advertisement is not required as the determined holder can be notified directly. The full advertising fee will be refunded.
View the latest section 29 notices notices.
Advertisements are placed in the Koori Mail and the relevant local newspaper.
The section 29 notice sets out the notification day (i.e. the first day of the notification period, which is usually 3 weeks after the day of advertising).
Native title parties have until 3 months after the notification day to take certain steps to become registered native title parties and 1 month after the 3-month period ends to become registered.
You have 2 choices for newspaper advertising:
- single advertisement - advertise the section 29 notice for your resource authority as a single (stand-alone) advertisement
- batched advertisement - combine 4 or more resource authorities in a batched advertisement for the Indigenous-specific newspaper and single advertisement for the local paper.
Single advertisements are appropriate for large mining leases and petroleum permits which are less common. Batched advertising is commonly used for exploration permits and mineral development licences undergoing the expedited procedure and small-scale mining leases and claims.
Standard advertising costs are:
- $1,000 for a resource authority appearing in a multiple advertising format
- $3,000 for a resource authority appearing as a single advertisement.
If we overestimate advertising costs, we refund the difference.
Advertising payments are required upfront when lodging your application. This process was introduced to speed up the advertising process. Since its introduction, the time to advertising a permit for the expedited procedure from date of application has reduced from 220 days in 2012 to 40 days in 2015.
When applying for a permit, first use MinesOnlineMaps with the ‘land subject to native title’ layer activated and identify the area you intend to apply for. This will give an indication as to whether a native title process will apply.
If you apply through MyMinesOnline, the system tells you whether the application area intersects with land that has native title claims and land that is subject to native title. You are able to pay your advertising costs through MyMinesOnline.
- Read the Native Title Act 1993 (Cwlth).
- Read our native title guidelines for help with native title compliance.
- Contact us for help with your native title requirements.
- Contact Northern Region for information about expired Mareeba district ILUAs.
- Last reviewed: 31 May 2016
- Last updated: 15 Feb 2017