Federal Legislation

The objects of this Act are to:

• provide protection of the environment, especially matters of national environmental significance (MNES).
• promote ecologically sustainable development through conservation and ecologically sustainable use of natural resources.
• promote the conservation of biodiversity.
• provide for the protection and conservation of heritage.
• promote a co-operative approach to protection and management of the environment (government, community, landholders, and indigenous peoples).
• assist in the co-operative implementation of Australia’s international environmental responsibilities.
• recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia’s biodiversity.
• promote the use of indigenous people’s knowledge of biodiversity with the involvement of, and in co-operation with the owners of the knowledge.

Relevance to cropping development includes:

• Any proposed development that may have a significant impact on a matter of national environmental significance (MNES) will need to undergo an environmental impact assessment (EIA) to assess and manage the potential environmental impacts of the development.
• MNES include threatened species and ecological communities, migratory species, wetlands of international importance, and world heritage properties (these are listed in the Act). This means that if a proposed cropping development has the potential to impact on any of these MNES, an EIA would need to be conducted to assess and manage the potential environmental impacts of the development.

This Act recognises and protects native title. It provides that native title cannot be extinguished contrary to the Act. The main objects of this Act are:
to provide for the recognition and protection of native title;

• to establish ways in which future dealings affecting native title may proceed and to set standards for those dealings;
• to establish a mechanism for determining claims to native title; and
• to provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title.

Relevance to cropping development:

• Under the Native Title Act, native title holders have certain rights to use and access their traditional lands and waters, including the right to hunt, fish, gather, and engage in other cultural activities. These rights may be affected by proposed cropping development activities, particularly if they involve clearing or other activities that impact on the natural environment.
• where proposed cropping development activities may impact native title rights and interests, the Act requires that the developer engage in good faith negotiations with the native title holders to reach agreement on the proposed development. This may include negotiating compensation or other benefits to be provided to the native title holders in exchange for their agreement to the development.
• The Act also establishes a Native Title Tribunal, which has the power to make determinations about native title rights and interests and to mediate disputes between native title holders and other parties.