Procedural rights

Procedural rights must be allowed for before certain proposed dealings can continue under the Native Title Act 1993 (Cth).

These rights include:

  • the right to be notified of the proposed dealing
  • opportunity to comment, where native title parties can provide information about how the proposed dealing will impact their rights and interests
  • a right to object to the proposed dealing
  • any other right that’s available as part of the procedures.

Procedural rights are not a right to veto.

Which procedural rights apply?

Procedural rights are drawn from two sources:

  • Relevant state legislation that says procedural rights must be provided
  • Procedural fairness (also known as natural justice).

Legislated procedural rights

To know what procedural rights you need to offer for your proposed dealing, check the legislation that covers your dealing.

Procedural fairness

Procedural fairness – also known as natural justice – is a duty to observe fair procedures when making decision that affect someone’s rights, interests or expectations.

While allowing for procedural fairness, you must:

  • give adequate notice to affected parties and give them an opportunity to present their case in response (the ‘hearing rule’), with sufficient time to prepare
  • make sure you’re being impartial and free from bias

Different types of procedural rights

Procedural rights type A and D

Types A and D follow the same guidelines. To know which type applies to your dealing:

  • Type A is for onshore dealings
  • Type D is for offshore dealings.

Native title holders and registered native title claimants are entitled to the same procedural rights that a freeholder receives if the proposed dealing were done on:

  • freehold land, or in land and water surrounding freehold land (for Type A rights)
  • an offshore area (for Type D rights).

For example, imagine the proposed dealing is the construction of works. The legislation provides a power to do works on land but that a notice of entry must first be provided to a freehold owner three days prior to entering their land to do the works. Therefore, you must provide the same notice to the native title parties.

Follow this decision tree to see who how you can make sure you’re extending procedural rights to the correct parties.

Procedural rights type B

Type B rights cover the right to lodge an objection to your proposed dealing.

Providing notice

You must provide notice to:

  • Any native title representative bodies in the area of your proposed dealing
  • All registered native title bodies corporate (RNTBCs)
  • All registered native title claimants
  • The Native Title Registrar.

The objection process

Native title claimants and RNTBCs will have two months to object to your proposed dealing based on how it impacts their native title rights and interests.

The state must then consult with and registered claimants or RNTBCs who object, discussing:

  • Ways to minimise the impact on native title rights and interests
  • Access to land and waters covered in the proposed dealing area.

The objector can ask for the objection to be heard by the Land Court, who can then make a determination.

Disputing a Land Court determination

If you want to overturn the determination, you’ll need to consult the State Minister who’s responsible for Indigenous affairs. If the Minister declares that it’s in the state’s best interest to disregard the determination, then your proposed dealing may be approved despite the objection.

Procedural rights type C

Type C rights cover the right to negotiate on the terms of your proposed dealing.

It involves a good faith negotiation between the state, the proponent and any interested native title parties. The aim of negotiation is to reach an agreement about how the proposed dealing will be carried out.

If an agreement can’t be reached through negotiation within certain timeframes, the National Native Title Tribunal will arbitrate an outcome.

Last updated:
16 April 2026