NATIVE TITLE ACT 1993 - SECT 203BE Certification functions

NATIVE TITLE ACT 1993 - SECT 203BE

General

  (1)   The certification functions of a representative body are:

  (a)   to certify, in writing, applications for determinations of native title relating to areas of land or waters wholly or partly within the area for which the body is the representative body; and

  (b)   to certify, in writing, applications for registration of indigenous land use agreements relating to areas of land or waters wholly or partly within the area for which the body is the representative body.

Certification of applications for determinations of native title

  (2)   A representative body must not certify under paragraph   (1)(a) an application for a determination of native title unless it is of the opinion that:

  (a)   all the persons in the native title claim group have authorised the applicant to make the application and to deal with matters arising in relation to it; and

  (aa)   any conditions under section   251BA on the authority that relate to the making of the application have been satisfied; and

  (b)   all reasonable efforts have been made to ensure that the application describes or otherwise identifies all the other persons in the native title claim group.

Note:   Section   251B deals with authority to make the application.

Overlapping applications for determinations of native title

  (3)   If the land or waters covered by the application are wholly or partly covered by one or more applications (including proposed applications) of which the representative body is aware, the representative body must make all reasonable efforts to:

  (a)   achieve agreement, relating to native title over the land or waters, between the persons in respect of whom the applications are, or would be, made; and

  (b)   minimise the number of applications covering the land or waters.

However, a failure by the representative body to comply with this subsection does not invalidate any certification of the application by the representative body.

Statement to be included in certifications of applications for determinations of native title

  (4)   A certification of an application for a determination of native title by a representative body must:

  (a)   include a statement to the effect that the representative body is of the opinion that the requirements of paragraphs   (2)(a), (aa) and (b) have been met; and

  (b)   briefly set out the body's reasons for being of that opinion; and

  (c)   where applicable, briefly set out what the representative body has done to meet the requirements of subsection   (3).

Certification of applications for registration of indigenous land use agreements

  (5)   A representative body must not certify under paragraph   (1)(b) an application for registration of an indigenous land use agreement unless it is of the opinion that:

  (a)   all reasonable efforts have been made to ensure that all persons who hold or may hold native title in relation to land or waters in the area covered by the agreement have been identified; and

  (b)   all the persons so identified have authorised the making of the agreement; and

  (c)   any conditions under section   251BA on the authority that relate to the making of the agreement have been satisfied.

Note:   Section   251A deals with authority to make the agreement.

Statement to be included in certifications of applications for registration of indigenous land use agreements

  (6)   A certification of an application for registration of an indigenous land use agreement by a representative body must:

  (a)   include a statement to the effect that the representative body is of the opinion that the requirements of paragraphs   (5)(a), (b) and (c) have been met; and

  (b)   briefly set out the body's reasons for being of that opinion.