Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 43

43.(1) If:

   (a)  a law of a State or Territory makes alternative provisions to those
        contained in this Subdivision in relation to acts covered by this
        Subdivision that are attributable to the State or Territory; and

   (b)  the Commonwealth Minister determines in writing that the alternative
        provisions comply with subsection (2); the alternative provisions have
        effect. Requirement to be satisfied

(2) The alternative provisions comply with this subsection if, in the opinion
of the Commonwealth Minister, they:

   (a)  contain appropriate procedures for notifying registered native title
        bodies corporate, registered native title claimants and potential
        native title claimants of the proposed act; and

   (b)  require negotiation in good faith among the persons concerned; and

   (c)  provide for mediation by a person or body to assist in settling any
        dispute among the persons concerned regarding the proposed act; and

   (d)  give registered native title bodies corporate and registered native
        title claimants the right to object against the act; and

   (e)  make provision on similar terms to section 30 and contain time limits
        similar to those applicable under this Subdivision; and

   (f)  provide that the body hearing the objection consists of, or includes,
        persons enrolled for at least 5 years as legal practitioners of:

        (i)    the High Court; or

        (ii)   another federal court; or

        (iii)  the Supreme Court of a State or Territory; and

   (g)  require the body hearing the objection to take into account the
        matters mentioned in subsection 39(1) and an appropriately broad range
        of other considerations; and

   (h)  if the alternative provisions involve the hearing and determination of
        the objection by a person or body other than the NNTT or a recognised
        State/Territory body for the State or Territory-provide for a member
        of the recognised State/Territory body (if any) or of the NNTT to
        participate in the hearing and determination; and

   (i)  provide that any decision of the body hearing the objection may only
        be overruled on grounds of State or Territory interest or of national
        interest; and

   (j)  make appropriate provision for compensation for the proposed act,
        including provision for trusts on similar terms to those in subsection
        41(3) and paragraph 42(5)(b).