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What is a Future Act?

A Future Act is a proposal to deal with land and waters in a way that may affect native title rights and interests.

The action may affect things in these ways:
  • extinguish native title
  • create interests that clash or interrupt with native title interests.
This could be mining, exploration, compulsory acquisition, tourism, permitting or other proposed developments.
Under the Native Title Act (1993) (NTA), notification of future acts must be given, and this is referred to as a Future Act Notice (FAN). Procedural rights are specifically identified in the NTA.

Future Acts and the Central Desert Region

The most common type of future act activity within the Central Desert Region is

  • the grant of mineral and petroleum titles by the Department of Industry and Resources.

Other types of future act activities include:

  • land use activities or land acquisitions through the Department of Planning and Infrastructure and
  • proposed land use activities relating to housing or infrastructure by other government departments.


Central Desert can facilitate consultations and consent in relation to proposed land use activities under instructions from the relevant native claimants or holders.

Land Access

In addition to the future act requirements under the Native Title Act, there may be restrictions on general access to native title claim areas due to the existence of Aboriginal Reserves and/or 50 or 99-year leases. 

There may also be restrictions on general access to native title determination areas due to a recognition of exclusive possession, occupation, use and enjoyment native title.
Permits are required to enter Reserves. These are not granted without the consent of Native Title party.
There are four different types of permits that are issued in respect of the Aboriginal Reserves under the Aboriginal Affairs Planning Authority Act:
  • Transit Permit to allow the holder to travel through, but not remain on, Aboriginal Reserves. Valid for no more than 3 days.
  • Transit Permit to allow the holder to travel through and remain on Aboriginal Reserves for various purposes other than exploration, mining or production. 
  • Transit Permit to allow the holder to travel through, but not remain on, Aboriginal Reserves for the purpose of accessing a mineral or petroleum title on the other side of the Aboriginal Reserve. These permits are again for short periods of time to allow an applicant or holder of a mineral or petroleum title to traverse and Aboriginal Reserve for the purpose of accessing their title on the other side of the Aboriginal Reserve.
  • Mining Entry Permit for the purpose of entering and remaining on Aboriginal Reserve land to carry out exploration, mining or production activities. Mining Entry Permits are required for all works related to exploration, mining or production activities. Mining Entry Permits are obtained through negotiation of a Deed of Agreement with the relevant claimants or native title holders.
If you have enquiries regarding land access or future acts in the Central Desert region, contact us