Commonwealth Consolidated Regulations

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

         (1)   In this regulation:

"native title decision" means a decision:

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

               (b)    to do, or agree to do, any other act that would affect the native title rights or interests of the common law holders.

         (2)   A prescribed body corporate acting as trustee for, or agent or representative of, common law holders of native title rights and interests must consult with, and obtain the consent of, the common law holders in accordance with this regulation before making a native title decision.

         (3)   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 includes the land or waters to which the proposed decision relates; and

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

         (4)   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 (2), the consent must be given in accordance with that process.

         (5)   If subregulation (4) 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.

         (6)   If the prescribed body corporate acts as trustee for, or agent or representative of, more than 1 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.

         (7)   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.

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