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Objections to expedited procedure
If a registered or determined native title party disagrees that the expedited procedure should apply to an application, they can lodge an objection with the National Native Title Tribunal (NNTT). When this occurs, we can't grant the resource authority until that objection is resolved.
A registered or determined native title party must lodge their objection with the NNTT within 4 months of the notification day stated on the section 29 notice.
Registering a claim
If a native title party hasn't registered their claim by the notification day, they have 3 months to gain registration status with the NNTT and a further month to lodge an objection. Therefore, even if no native title claim exists over the application area on the notification day, a party may still register one during this period.
You must negotiate with any native title party that is registered over the application area at the end of the 4-month notification period. You will then enter negotiations to address the grounds for the objection.
How objections are resolved
Objections may be resolved in the following ways:
- The parties reach agreement (ancillary agreement) and the objection is withdrawn either voluntarily by the native title party or through the fully executed section 31 deed (the preferred outcome).
- We remove the expedited procedure assertion and the proposed grant moves into the full right-to-negotiate process.
- The NNTT dismisses the objection.
- The NNTT issues a determination after a formal inquiry.
Read more about the NNTT.