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NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - NOTES

NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - NOTES

Statutory Rules No. 151, 1999

made under the

Native Title Act 1993

Compilation No. 4

Compilation date: 25 March 2021

Includes amendments up to: F2021L00292

Registered: 21 April 2021

About this compilation

This compilation

This is a compilation of the Native Title (Prescribed Bodies Corporate) Regulations 1999 that shows the text of the law as amended and in force on 25 March 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Name of regulations

3 Interpretation

Part 2--Prescribed bodies corporate

4 Prescribed bodies corporate (Act s 59)

4A Obtaining consent to subsequent determination in relation to a prescribed body corporate

5 Prescribed body corporate may act for more than 1 group of common law holders

6 Functions of prescribed body corporate acting as trustee

7 Functions of registered native title body corporate not acting as trustee

8 Consultation with, and consent of, common law holders in relation to native title decisions

8A Alternative consultation processes in relation to native title decisions

8B Consultation and consent in relation to the making of compensation applications

9 Certificate in relation to consultation and consent

10 Access to certificates

Part 3--Changes to holding of native title rights and interests

11 Determination of Indigenous Land and Sea Corporation as agent prescribed body corporate

12 Replacement of trustee prescribed body corporate

13 Replacement of trustee prescribed body corporate by agent prescribed body corporate

14 Replacement of trustee prescribed body corporate in liquidation

15 Replacement of agent prescribed body corporate by trustee prescribed body corporate

16 Replacement of agent prescribed body corporate

17 Replacement of agent prescribed body corporate in liquidation

18 Notification requirements

Part 4--Fees for services charged by registered native title bodies corporate

19 Definitions

20 Fees for services

21 Application for opinion of Registrar about fees charged for services

22 Opinion of Registrar about fees charged for services

23 Reconsideration of Registrar's opinion or decision not to give an opinion

24 Request for further information or documents

25 Registrar's opinion following reconsideration

26 Time for payment of fee

Part 5--Application, saving and transitional provisions

Division 1--Application of amendments made by the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021

27 Application of amendments made by the Registered Native Title Bodies Corporate Legislation Amendment Regulations  2021

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnote 5--Editorial changes

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

Endnote 2--Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3--Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

151, 1999

14 July 1999

r 4: 30 Sept 1998 (r 2(a))
Remainder: 14 July 1999 (r 2(b))

 

186, 2007

29 June 2007 (F2007L01941)

1 July 2007 (r 2)

--

257, 2011

14 Dec 2011 (F2011L02677)

15 Dec 2011 (r 2)

--

27, 2012

14 Mar 2012 (F2012L00578)

15 Mar 2012 (s 2)

--

 

Name

Registration

Commencement

Application, saving and transitional provisions

Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021

22 Mar 2021 (F2021L00292)

Sch 1 (items 20-59): 25 Mar 2021 (s 2(1) item 1)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

Part 1 heading.............

ad No 257, 2011

r 2.....................

rep LA s 48D

r 3.....................

am No 186, 2007; No 257, 2011; No 27, 2012; F2021L00292

Part 2

 

Part 2 heading.............

ad No 257, 2011

r 4.....................

rs No 186, 2007

 

am No 257, 2011

r 4A....................

ad No 257, 2011

 

am F2021L00292

r 5.....................

am No 257, 2011

r 6.....................

am No 257, 2011; F2021L00292

r 7.....................

am No 257, 2011; F2021L00292

r 8.....................

rs No 257, 2011

 

am F2021L00292

r 8A....................

ad No 257, 2011

 

rs F2021L00292

r 8B....................

ad F2021L00292

r 9.....................

rs No 257, 2011; F2021L00292

r 10....................

am F2021L00292

Part 3

 

Part 3 heading.............

ad No 257, 2011

r 11....................

rs No 257, 2011

 

am F2021L00292

r 12....................

ad No 257, 2011

r 13....................

ad No 257, 2011

 

am F2021L00292

r 14....................

ad No 257, 2011

 

am F2021L00292

r 15....................

ad No 257, 2011

r 16....................

ad No 257, 2011

r 17....................

ad No 257, 2011

 

am F2021L00292

r 18....................

ad No 257, 2011

Part 4

 

Part 4...................

ad No 257, 2011

r 19....................

ad No 257, 2011

r 20....................

ad No 257, 2011

r 21....................

ad No 257, 2011

r 22....................

ad No 257, 2011

 

ed C4

r 23....................

ad No 257, 2011

r 24....................

ad No 257, 2011

r 25....................

ad No 257, 2011

r 26....................

ad No 257, 2011

Part 5

 

Part 5...................

ad F2021L00292

Division 1

 

r 27....................

ad F2021L00292

 

Endnote 5--Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Subparagraph 22(1)(a)(ii)

Kind of editorial change

Update to a cross-reference

Details of editorial change

Subparagraph 22(1)(a)(ii) refers to "subparagraph 21(5)(a) or (b)".

This compilation was editorially changed to omit "subparagraph 21(5)(a) or (b)" and substitute "paragraph 21(5)(a) or (b)" in subparagraph 22(1)(a)(ii) to update the cross -reference.