NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 3 Interpretation

NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 3

  (1)   In these regulations, unless the contrary intention appears:

"Aboriginal and Torres Strait Islander corporation" has the same meaning as in the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .

"Act" means the Native Title Act 1993 .

"chief executive officer" , of a prescribed body corporate or registered native title body corporate, means:

  (a)   if the body corporate is an Aboriginal and Torres Strait Islander corporation--the person primarily and directly responsible to the directors for the general and overall management of the body corporate; or

  (b)   if the body corporate is the Indigenous Land and Sea Corporation--the Chief Executive Officer of the Indigenous Land and Sea Corporation; or

  (c)   in any other case--the officer having the day to day management of the affairs of the body corporate.

"high level decision" means a decision covered by paragraph   ( a), (b), (c) or (d) of the definition of native title decision .

"low level decision" means a native title decision other than a high level decision.

"native title decision" means a decision:

  (a)   to surrender native title rights and interests in relation to land or waters; or

  (b)   to enter an indigenous land use agreement under Subdivision B, C or D of Division   3 of Part   2 of the Act or an agreement under Subdivision P (right to negotiate) of that Division; or

  (c)   to allow a person who is not a common law holder, or a class of persons who are not common law holders, to become members of a prescribed body corporate; or

  (d)   to include one or more consultation processes in the constitution of a prescribed body corporate; or

  (e)   to do, or to agree to, any act that would otherwise affect the native title rights or interests of the common law holders (other than a decision to make a compensation application).

"native title determination" means a determination, mentioned in paragraph   5 5(b) of the Act, that native title exists.

"prescribed body corporate" means:

  (a)   a body corporate prescribed by regulation   4; or

  (b)   the Indigenous Land and Sea Corporation continued in existence by section   191A of the Aboriginal and Torres Strait Islander Act 2005 .

"section 56 or 57 determination" means a determination under section   5 6 or 57 of the Act.

specified native title determination has the meaning given by subregulation " " 8B(2).

"specified persons" has the meaning given by sub regulations   8 B(3) and (4).

"standing instructions decision" means a native title decision that is:

  (a)   a low level decision; or

  (b)   a decision to enter an indigenous land use agreement under Subdivision B, C or D of Division   3 of Part   2 of the Act in relation to the doing of an act by or for the benefit of the prescribed body corporate; or

  (c)   a decision to enter an agreement under Subdivision P (right to negotiate) of that Division in relation to which the prescribed body corporate is the only grantee party.

  (2)   For these regulations, a number of common law holders constitute a group of common law holders if they belong to a tribe, clan or family, or a descent, language or other group, recognised as such in accordance with Aboriginal or Torres Strait Islander traditional laws and customs applying to them.