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NATIVE TITLE ACT 1993 - SECT 42

Overruling of determinations

             (1)  If a State Minister or a Territory Minister considers it to be in the interests of the State or Territory to overrule the determination of a recognised State/Territory body for the State or Territory, the State Minister or Territory Minister may, by writing given to the recognised State/Territory body, make a declaration in accordance with subsection (3).

Right of Commonwealth to overrule

             (2)  If the Commonwealth Minister considers it to be in:

                     (a)  in any case--the national interest; or

                     (b)  if the act concerned is an act attributable to a State or Territory--the interests of the State or Territory;

to overrule a determination of the NNTT (other than a determination under subsection 32(4), which deals with the expedited procedure), the Commonwealth Minister may, by writing given to the NNTT, make a declaration in accordance with subsection (3).

Kinds of declaration

             (3)  The Minister concerned may make either of the following declarations:

                     (a)  a declaration that the determination is overruled;

                     (b)  a declaration that the determination is overruled and that conditions set out in the declaration are to be complied with by any of the parties.

Time limit for making declaration

             (4)  Any declaration by the Minister concerned must be made within 2 months after the making of the determination.

Bank guarantee condition

             (5)  If a condition to be complied with is that an amount is to be secured by bank guarantee:

                     (a)  the arbitral body must:

                              (i)  determine the amount; and

                             (ii)  specify the person who must secure the amount in that way; and

                     (b)  the condition is not complied with unless:

                              (i)  the guarantee is given by an authorised deposit-taking institution within the meaning of the Banking Act 1959 ; and

                             (ii)  the guarantee is secured in favour of the Registrar; and

                            (iii)  regulations made under subsection (5A) are complied with.

          (5A)  The regulations may make provision in relation to the securing of an amount by bank guarantee in compliance with such a condition, and any other matter in relation to such a guarantee.

Trust condition

          (5B)  If a condition to be complied with is that an amount is to be paid and held in trust until it is dealt with in accordance with section 52A:

                     (a)  the arbitral body concerned must determine the amount; and

                     (b)  the amount, when paid, must be held in trust in accordance with the regulations until it is dealt with in accordance with section 52A.

Note:          The NNTT cannot determine compensation (see Division 5 of this Part and Division 1 of Part 3). However, if the arbitral body is not the NNTT, it may be able to do so.

Conditions have contractual effect

             (6)  If the act is done, any conditions in a declaration by a Minister under this section have effect, in addition to any effect that they may have apart from this subsection, as if they were terms of a contract among the negotiation parties. If a native title party is a registered native title claimant, any other person included in the native title claim group concerned is a negotiation party for this purpose only.

Copy of declaration to be given to parties

             (7)  The arbitral body must give a copy of the declaration to the negotiation parties.



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