NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 4A Obtaining consent to subsequent determination in relation to a prescribed body corporate

NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 4A

    For subsection   5 9A(3) of the Act, the consent of the common law holders must be obtained in the following way:

  (a)   the prescribed body corporate must consult the common law holders for whom the prescribed body corporate holds native title rights and interests in trust or for whom it is an agent prescribed body corporate (the initial holders ) and obtain their consent:

  (i)   if there is a process of decision - making that, under the Aboriginal or Torres Strait Islander traditional laws and customs of the initial holders, must be followed in relation to the giving of the consent--in accordance with that process; or

  (ii)   if subparagraph   ( i) does not apply--in accordance with the process of decision - making agreed to, or adopted, by the initial holders in relation to giving the consent; and

  (b)   the common law holders who were not the initial holders (the subsequent holders ) must nominate the prescribed body corporate under section   5 6 or 57 of the Act in the same way as for the determination for the initial holders.