Can native title be compulsorily acquired?
Yes, in certain circumstances, and only if the relevant processes under the Native Title Act 1993 (Cth) and relevant state/territory land acquisition legislation are fully complied with. A future act that involves the compulsory acquisition of native title rights and interests in relation to an onshore place must be carried out in accordance with the future act provisions relating to the freehold test. Background information to the freehold test is provided in the Working with Native Title Guide (pp 181-183). The compulsory acquisition of offshore native title rights and interests must be carried out in accordance with the future act provisions relating to offshore future acts. (See pp 183-184 of the Working with Native Title Guide). Under the Act, only a Government party may carry out the compulsory acquisition of native title rights and interests. A Government party is defined as including the Commonwealth, state or territory under s26(1). Whether local government falls within this d
