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NATIVE TITLE ACT 1993 - SECT 24CK Registration of area agreements certified by representative bodies

NATIVE TITLE ACT 1993 - SECT 24CK

Registration of area agreements certified by representative bodies

Registration only if conditions satisfied

  (1)   If the application for registration of the agreement was certified by representative Aboriginal/Torres Strait Islander bodies for the area (see paragraph   24CG(3)(a)) and the conditions in this section are satisfied, the Registrar must register the agreement. If the conditions are not satisfied, the Registrar must not register the agreement.

First condition

  (2)   The first condition is that:

  (a)   no objection under section   24CI against registration of the agreement was made within the notice period; or

  (b)   one or more objections under section   24CI against registration of the agreement were made within the notice period, but they have all been withdrawn; or

  (c)   one or more objections under section   24CI against registration of the agreement were made within the notice period, all of them have not been withdrawn, but none of the persons making them has satisfied the Registrar that the requirements of paragraph   203BE(5)(a), (b) or (c) were not satisfied in relation to the certification of the application by any of the representative Aboriginal/Torres Strait Islander bodies concerned.

Second condition

  (3)   The second condition is that if, when the Registrar proposes to register the agreement, there is a registered native title body corporate in relation to any land or waters in the area covered by the agreement, that body corporate is a party to the agreement.

Matters to be taken into account

  (4)   In deciding whether he or she is satisfied as mentioned in paragraph   (2)(c), the Registrar must take into account any information given to the Registrar in relation to the matter by:

  (a)   the persons making the objections mentioned in that paragraph; and

  (b)   the representative Aboriginal/Torres Strait Islander bodies that certified the application;

and may, but need not, take into account any other matter or thing.