Queensland's guide to implementing section 47C of the Native Title Act 1993 (Cth)

The Department of Resources (Resources) is responsible for coordinating section 47C (s. 47C) applications and the Department of Environment, Science and Innovation (DESI) is responsible for Queensland’s protected areas. These are the key agencies for s. 47C agreements.

Other State government agencies may be involved where they have interest in the park area/s or public works relevant to a s. 47C application.

Applying for an agreement

Native title parties can request a s. 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 consider an application in response to a native title party request, or we may raise the matter during discussions about other native title matters.

Email ntclaimsres@resources.qld.gov.au to initiate a request.

Assessment and consultation

We will assess applications on a case-by-case basis to consider all interests in each park area.

The native title party will need to provide a list of park areas, including lot and plan (if known). They will also need to advise of any requests to disregard extinguishment relating to public works.

Section 47C requirements must be satisfied before an agreement can be proposed. To ensure each park area is considered and requirements are met, we will:

• assess existing connection material to support a request
• consider future act processes that may be required following a determination of native title applying s. 47C
• consider existing and known proposed development for the park area and current uses of the area
• consider approvals in place to freehold the area
• consult with owners and/or operators of any public works in the park area (if applicable)
• consult with state government agencies and third-party land managers (e.g. local government trustees) or agencies/parties who hold an interest in the park area.

We may not be able to agree to the full application of s. 47C in all cases.

Notification of potential agreements

Before an agreement can be finalised, a 3-month public notification period will be implemented so interested persons or members of the public can make a submission to the State on the proposed agreement. Proposed agreements will be published on the Resources website, the DESI website and in local newspapers.

Trustees and other interest holders will be directly notified in addition to the public notification.

Any position seeking to not apply s. 47C must be reasonably justified with respect to ongoing management and use as well as human rights considerations under the Human Rights Act 2019.

Finalising agreements

A s. 47C agreement will only take effect upon a determination of native title being made by the Federal Court.

What a section 47C agreement means for stakeholders and the community

The recognition of native title following a s. 47C agreement will not affect the rights and interests of existing interest holders. For example:

• if the park area was publicly accessible before the s. 47C agreement, it will remain so after the application of s. 47C
• a park area will still be able to be managed and used for its purpose, subject to any relevant future act requirements under the Native Title Act
• lease holders and others who hold interest in the park area will still be able to exercise the rights under an existing lease or other interest.

Information for native title holders

• Indigenous Land Use Agreements (ILUA) – a s. 47C agreement does not need to be a registered ILUA. A s. 47C agreement may form part of broader negotiations towards an ILUA where there is a need to resolve other native title matters, such as the future validity of future acts.
• Exclusive native title rights and interests can be recognised where s. 47C applies, however, connection evidence must support the recognition of those rights and interests.
• Partnership opportunities on protected areas – it is not necessary to await a s. 47C agreement to discuss partnership opportunities with Queensland Parks & Wildlife Service and Partnerships (QPWS&P). DESI is committed to working in partnership with First Nations peoples to care for Country regardless of a determination of native title and welcomes discussions with the First Nations peoples.

More information

• Download Queensland's guide to implementing section 47C of the NTA (PDF, 283.9 KB)
• View overview of the s. 47C process.
• Learn more about s. 47C and park areas.
• Email ntclaimsres@resources.qld.gov.au.