Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 56

56.(1) One of the determinations that the NNTT or the Federal Court must make
is whether the native title is to be held in trust, and, if so, by whom. Steps
in making determination

(2) The NNTT or the Federal Court is to take the following steps in making the
determination:

   (a)  first, it must request a representative of the persons it proposes to
        include in the determination of native title as the native title
        holders (the

"common law holders") to indicate whether the common law holders intend to
have the native title held in trust by:

        (i)    nominating, in writing given to the NNTT or the Federal Court
               within a specified period, a prescribed body corporate to be
               trustee of the native title; and

        (ii)   including with the nomination the written consent of the body
               corporate; and

   (b)  secondly, if the common law holders give the nomination within the
        period, the NNTT or the Federal Court must determine that the
        prescribed body corporate is to hold the rights and interests from
        time to time comprising the native title in trust for the
        common law holders; and

   (c)  thirdly, if the common law holders do not give the nomination within
        the period, the NNTT or the Federal Court must determine that the
        rights and interests are to be held by the common law holders.
        Native title held in trust

(3) On the making of a determination under paragraph (2)(b), the prescribed
body corporate holds, in accordance with the regulations, the rights and
interests from time to time comprising the native title in trust for the
common law holders. Holding of native title to be as prescribed

(4) The regulations may also make provision in respect of the following
matters relating to the holding in trust of the native title rights and
interests:

   (a)  the functions to be performed by the body corporate;

   (b)  the nature of any consultation with, or other role for, the common law
        holders;

   (c)  the circumstances in which the rights and interests may be
        surrendered, transferred or otherwise dealt with;

   (d)  the determination of any other matter by the NNTT or the
        Federal Court;

   (e)  the termination of the trust or replacement of the trustee where the
        common law holders wish the trust to be terminated or the trustee to
        be replaced;

   (f)  any other matter. Protection of native title from debt recovery
        processes etc.

(5) Subject to subsection (6), native title rights and interests held by the
body corporate are not able to be:

   (a)  assigned, restrained, garnisheed, seized or sold; or

   (b)  made subject to any charge or interest; or

   (c)  otherwise affected; as a result of:

   (d)  the incurring, creation or enforcement of any debt or other liability
        of the body corporate (including a debt or liability owed to the Crown
        in any capacity or to any statutory authority); or

   (e)  any act done by the body corporate. Subsection (5) not applicable to
        dealings authorised by regulations

(6) Subsection (5) does not apply if the incurring of the debt, creation of
the liability or doing of the act was in connection with a dealing with the
native title rights and interests authorised by regulations for the purposes
of paragraph (4)(c).