Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 42

42.(1) If a State Minister or a Territory Minister considers it to be in the
interests of the State or Territory to overrule the determination of a
recognised State/Territory body for the State or Territory, the State Minister
or Territory Minister may, by writing given to the recognised State/Territory
body, make a declaration in accordance with subsection (3). Right of
Commonwealth to overrule

(2) If the Commonwealth Minister considers it to be in:

   (a)  in any case-the national interest; or

   (b)  if the act concerned is an act attributable to a State or
        Territory-the interest of the State or Territory; to overrule a
        determination of the NNTT, the Commonwealth Minister may, by writing
        given to the NNTT, make a declaration in accordance with subsection
        (3). Kinds of declaration

(3) The Minister concerned may make either of the following declarations:

   (a)  a declaration that the determination is overruled;

   (b)  a declaration that the determination is overruled subject to
        conditions to be complied with by any of the parties. Time limit for
        making declaration

(4) Any declaration by the Minister concerned must be made within 2 months
after the making of the determination. Compensation condition

(5) If a condition to be complied with is that compensation must be paid to a
native title party:

   (a)  the arbitral body concerned must determine the amount of compensation;
        and

   (b)  subject to subsection (6), the compensation is held in trust, in
        accordance with the regulations, until the amount is paid in
        accordance with section 52. Final determinations of compensation do
        not require a trust

(6) Paragraph (5)(b) does not apply if the determination by the arbitral body
is:

   (a)  a determination of compensation in accordance with Division 5; or

   (b)  a determination of compensation on just terms for an acquisition of
        native title rights and interests under a Compulsory Acquisition Act.
        Conditions have contractual effect

(7) If the act is done, any conditions in a declaration by a Minister under
this section have effect, in addition to any effect that they may have apart
from this subsection, as if they were terms of a contract among the
negotiation parties. Where a native title party is a registered native title
claimant, any other person (except a registered native title claimant) with
whom the claimant claimed to hold the native title concerned is a negotiation
party for this purpose only. Copy of declaration to be given to parties

(8) The arbitral body must give a copy of the declaration to the negotiation
parties.