Native title and 'park areas'
Queensland’s protected areas are of significant cultural value to Aboriginal and Torres Strait Islander peoples.
We are committed to protecting Queensland’s natural and cultural values in partnership with Traditional Owners of Country. This includes recognising native title rights and interests while ensuring the continuation of other interests and uses of Queensland’s protected areas.
In 2021, the Native Title Act 1993 (Cth) was amended to include section 47C—a provision allowing the Queensland Government to make a written agreement with Aboriginal and Torres Strait Islander peoples to recognise native title rights and interests over ‘park areas’.
Section 47C of the Native Title Act 1993
Section 47C can be applied to new or existing native title claims or post determination of native title, which may require a variation of an existing determination. It allows for native title recognition:
- to be extended where native title is already partially recognised
- over areas that may not currently be recognised due to historical land use or tenure.
Under a section 47C agreement, existing access to protected areas will not change and existing interests may continue as currently authorised.
Section 47C cannot be applied where:
- native title is determined not to exist or there is insufficient connection evidence to support a determination that native title exists
- native title has been surrendered by agreement or compulsorily acquired
- an area is subject to competing native title claims (not yet resolved by the Court).
What are ‘park areas’?
A ‘park area’ is an onshore area set aside by the Commonwealth, State or Territory Government for purposes that include preserving the natural environment of the area.
Park areas in Queensland include protected areas administered by the Department of Environment, Science and Innovation under the Nature Conservation Act 1992 or the Forestry Act 1959 and lands administered by the Department of Resources under the Land Act 1994.
Park areas include:
- national parks (scientific), national parks, conservation parks, resource reserves and forest reserves dedicated under the Nature Conservation Act 1992 (NCA)
- private protected areas declared under the NCA (Nature Refuges and Special Wildlife Reserves) but only those over areas of State land (generally excluding leased land held by private landholders)
- protected areas dedicated over Aboriginal or Torres Strait Island freehold where other sections of the 47 suite of the Native Title Act do not apply
- State forests dedicated under the Forestry Act 1959 (except for those areas declared as State plantation forest) where evidence shows that the State forest has been set aside for purposes including environmental preservation
- reserves under the Land Act 1994, where the purposes of the reserve include preservation of the natural environment and/or the natural values of the land have been maintained through the land being reserved.
Negotiating agreements
We will consider an application of section 47C in response to a native title party request or we may raise the matter during discussions about other native title matters.
Native title parties can request a section 47C agreement at various stages of the native title claim process—after a claim application is made but before it is determined, or after a determination of native title.
We will assess section 47C applications on a case-by-case basis to consider all interests in each park area.
Applying for an agreement
To initiate a section 47C request or to discuss its potential, email ntclaimsres@resources.qld.gov.au.
The Department of Resources is responsible for coordinating section 47C applications and the Department of Environment, Science and Innovation is responsible for Queensland’s protected areas. These are the key agencies for section 47C agreements.
Other State government agencies may be involved where they have interest in the park area/s or public works relevant to a section 47C application.
Notification of potential agreements
Before an agreement can be finalised, a 3-month public notification period is implemented so all interested persons have the opportunity to comment on the proposed agreement.
Trustees and other interest holders will be directly notified in addition to the public notification.
While the State may agree to the recognition of native title through a section 47C application, the agreement will only take effect upon a determination of native title being made by the Federal Court.