Commonwealth Consolidated Regulations

NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 8

         (1)   A prescribed body corporate that holds native title rights and interests in trust for the common law holders, or is an agent prescribed body corporate, must:

                (a)    for a native title decision other than a decision mentioned in paragraph (b), (c) or (d) -- consult with, and obtain the consent of, the common law holders in accordance with this regulation or regulation 8A before making a decision; or

               (b)    for a decision 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 of Division 3 of Part 2 of the Act -- consult with, and obtain the consent of, the common law holders in accordance with this regulation before making a decision to enter such agreement; or

                (c)    for a decision 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 the prescribed body corporate -- consult with, and obtain the consent of, the common law holders in accordance with this regulation before making a decision; or

               (d)    for a decision to consent to one or more consultation processes in the constitution of the prescribed body corporate -- consult with, and obtain the consent of the common law holders in accordance with this regulation before making a decision.

         (2)   The prescribed body corporate must ensure that the common law holders understand the purpose and nature of a proposed native title decision by:

                (a)    consulting, and considering the views of, a representative body for the area that the native title rights and interest relate; and

               (b)    if the prescribed body corporate considers it to be appropriate and practicable -- giving notice of those views to the common law holders.

         (3)   If there is a particular process of decision-making that, under the Aboriginal or Torres Strait Islander traditional laws and customs of the common law holders, must be followed in relation to the giving of the consent mentioned in subregulation (1), the consent must be given in accordance with that process.

         (4)   If subregulation (3) does not apply, the consent must be given by the common law holders in accordance with the process of decision-making agreed to, or adopted, by them for the proposed native title decision, or for decisions of the same kind as that decision.

         (5)   If the prescribed body corporate holds native title rights and interests in trust for more than one group of common law holders, or is an agent prescribed body corporate for more than one group of common law holders, the body corporate must consult with, and obtain the consent of, only those groups of common law holders whose native title rights or interests would be affected by the proposed native title decision.

         (6)   An agreement that gives effect to a native title decision of a prescribed body corporate has no effect to the extent that it applies to the decision, if the body corporate does not comply with this regulation.

         (7)   Subregulation (6) does not apply to an indigenous land use agreement of a kind described in section 24EB or 24EBA of the Act.