LLB301 Assignment Planning THEY WILL NOT BE ABLE TO EXCLUDE PUBLIC ACCESS - based on Manado case authorise s 18 of the NTA (Qld) 'to 1. What is the purpose of ss 212 and 225 NTA? The purpose of sections 212 and 225 of the Native Title Act ('NTA') is to confirm public access to and enjoyment of beaches and other categories of lands and waters. Confirmation through s 212(2) of the NTA creates an interest in any land or water within that territorial jurisdiction in relation to which native title exists.1 Where native title is determined to exist in relation to a particular area of land or water, s 225(c) of the NTA requires identification of the interests which must coexist with the native title interests, notifying those concerned of the relationship between the interests. The purpose of this is so that people can regulate their conduct accordingly with knowledge of all interests.2 Where native title is determined to exist in relation to a particular area of land or water, the determination of native title is accordingly required by s 225(c) of the Native Title Act to include reference to the confirmation' (s 10 of Manado). Use a bit from below? 26 The primary judge further held15 that, since "the purpose of s 225(c) of [the Native Title Act] is to require identification of the interests which must coexist with the native title interests and thereby to allow notification to those concerned of the relationship between the two sets of interests so that people may regulate their conduct accordingly", the amount of detail required to be included in the specification of those interests in the native title determinations should be sufficient to satisfy the purpose of "giv[ing] notice of other interests to those entitled to exercise them" - in this case, members of the public. 2. What is meant by an 'interest' for the purpose of a native title determination (see generally ss 212, 225 and 253 of the NTA)? An "interest" for the purpose of this native title determination refers to any other "right" or "privilege" over, or in connection with, the land or waters of the beach.3 The act of confirmation of public access and enjoyment through legislation gives rise to a "right" or "privilege" that amounts to an "interest" in relation to land or water within the meaning of "interest" as defined in s 253 of the NTA.4 1 Western Australia v Manado (part 10) 2 Western Australia v Manado (part 26) 3 Native Title Act (Cth) s 253 4 Manado (9)
Section 253 of the Native Title Act provides, so far as is relevant, that, unless the contrary intention appears: "interest, in relation to land or waters, means: (a) a legal or equitable estate or interest in the land or waters; or (b) any other right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with: (i) the land or waters; or (ii) an estate