Assessment pathway and learning modules
Work through these assessment modules alpabetically, starting with Module AA, until you reach a module that applies to your dealing.
- Module AA - Identification of your proposed dealing and the proposed dealing area
- This module is the first step in assessing whether native title impacts a proposed project, and will help you fully identify the proposed dealing, including and the parcels of land and any waters impacted.
- Module AB to AD - Dealings that can proceed
- This module covers the requirements of modules AB, AC and AD, and includes dealings or areas that may proceed without further reference to native title, are within an Indigenous Land Use Agreement (ILUA), or are within a native title determination.
- Module BA - Grants and vestings
- This module sets out the requirements for when native title is extinguished by a grant or vesting.
- Module BB - Rely on extinguishing effect
- This module will help you determine whether you can rely on the extinguishing effect of a previous exclusive possession act (PEPA).
- Module CA - Public works
- This module will help you determine whether native title may be extinguished due to public works on the site of your proposed dealing.
- Module CB - State roads
- This module will help you determine whether native title is extinguished by a declared or dedicated road.
- Module F - Non-claimant protection
- Someone who holds an interest related to your proposed dealing area can make a non-claimant application to the federal court to find out whether native title exists for the proposed dealing area.
- Module GB - Primary production
- This module will help you determine whether you can carry out primary production activities and farm tourism on a non-exclusive pastoral lease.
- Module GD - Off-farm activities
- This module will help you determine whether you can start activities that require or permit grazing or taking water.
- Module GE - Timber and quarry materials
- This module will help you determine whether you can start activities that involve either cutting and removing timber, or extracting, obtaining or removing quarry materials.
- Module H - Surface and subterranean water
- This module will help you determine whether you can start activities that impact water, aquatic life and airspace.
- Module IB - Pre-existing rights based acts
- This module will help you determine whether your proposed dealing will be affected by pre-existing rights-based acts.
- Module IC - Renewals, regrants, extensions
- This module covers renewing, re-granting, re-making or extending the term of a valid lease, licence, permit or authority.
- Module J - Reservations and leases
- This module will help you determine whether your proposed dealing will align with the purpose of a reservation.
- Module JAA - Public housing and government infrastructure
- This module will help you determine whether your future proposed dealing meets the requirements of public housing or government infrastructure.
- Module K - Facilities for services to the public
- This module will help you determine whether your future facilities for services to the public will be impacted by native title.
- Module L - Low impact acts
- This module will help you determine if low-impact acts will be affected by native title in the proposed area.
- Module M and N - Freehold test
- This module will help you determine whether your proposed dealing can continue, if your planned activity either meets freehold tests or is an offshore dealing.
- Module O - Overview of non-claimant applications or Indigenous Land Use Agreements
- This module will help you understand your options for making sure your proposed dealing is valid in relation to native title, either through an Indigenous Land Use Agreement or by filing a non-claimant application.
- Module P - Right to negotiate
- This module provides an overview of, and provides guidance on, the key steps in the right to negotiate process.
- Module Q - Indigenous Land Use Agreements
- This module explains Indigenous Land Use Agreements, and sets out your next steps for negotiating an agreement.
- Module R - Non-claimant applications
- This module explains the circumstances for non-claimant agreements, and how you can file an application with the Federal Court for a native title determination.