Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this regulation:
"native title decision" has the meaning given in subregulation 8 (1).
(2) Common law holders of native title rights and interests are taken to have been consulted on, and to have consented to, a proposed native title decision of a prescribed body corporate if a document, signed in accordance with subregulation (3) or (4), certifies:
(a) that the common law holders have been consulted about, and have consented to, the proposed decision; or
(b) that:
(i) the proposed decision is of a kind about which the common law holders have been consulted; and
(ii) the common law holders have decided that decisions of that kind can be made by the body corporate.
(3) A document mentioned in subregulation (2) is signed in accordance with this subregulation if:
(a) the document is signed by at least 5 members of the prescribed body corporate; and
(b) each of the signatories is a common law holder ( an affected common law holder ) whose native title rights and interests would be affected by the proposed native title decision.
(4) However, if there are fewer than 5 members of the prescribed body corporate who are affected common law holders, a document mentioned in subregulation (2) is signed in accordance with this subregulation if:
(a) the document is signed by at least 5 members of the body corporate; and
(b) each affected common law holder who is a member of the body corporate signs the document.
(5) Subregulation 8 (3) is taken to have been complied with if:
(a) a document, signed by at least 5 members of the prescribed body corporate, certifies that:
(i) a representative body for the area that includes the land or waters to which the proposed native title decision relates has been consulted about the proposed decision; and
(ii) the views of the body have been considered in accordance with this regulation; and
(b) a document is signed by an authorised member of the representative body and certifies that the representative body has been consulted about the proposed native title decision by the body corporate.