Native title and park areas
Queensland’s protected areas are of significant cultural value to Aboriginal peoples 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) (the NTA) was amended to include section 47C (s. 47C)—a provision allowing the Commonwealth, State and Territory Governments to enter into written agreements with native title parties 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.
Section 47C allows native title recognition over park areas:
- to be extended where native title is already partially recognised
- where native title could not previously be recognised due to historical land use or tenure
- where native title rights and interests are no longer recognised (i.e. the extinguishment of native title can be disregarded)
- where the construction or establishment of public works caused the extinguishment of native title rights and interests (i.e. the extinguishment of native title due to public works can be disregarded)—this must be specified in a s. 47C agreement.
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).
Under a s. 47C agreement, existing access to protected areas will not change and existing interests may continue as currently authorised.
A s. 47C agreement only takes effect upon a determination of native title by the Federal 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, resources reserves, and forest reserves dedicated under the Nature Conservation Act 1992 (NCA)
- protected areas dedicated over Aboriginal or Torres Strait Island freehold where other sections of the 47 suite do not apply
- nature refuges, special wildlife reserves and coordinated conservation areas over State land (generally excluding leased land held by private landholders)
- 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 can be described as including preservation of the natural environment and/or the natural values of the land have been maintained through the land having been reserved
- 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).