NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1994 NO. 440

NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1994 NO. 440

STATUTORY RULE 1994 No. 440

Issued by the Authority of the Minister for Aboriginal and Torres Strait Islander Affairs

Native Title Act 1993

Native Title (Prescribed Bodies Corporate) Regulations

These Regulations were made under section 215 of the Native Title Act 1993 (the Act). Section 215 of that Act empowers the Governor-General to make Regulations for the purposes of the Act.

Section 56 of the Act empowers the National Native Title Tribunal and the Federal Court to make a determination that a prescribed body corporate is to hold native title in trust for the common law holders. Section 57 of the Act empowers the National Native Title Tribunal and the Federal Court to make determinations that a prescribed native title body corporate perform certain functions where the native title is held by the common law holders.

Section 59 provides that Regulations made by the Governor-General may prescribe the kinds of body corporate that may be determined under section 56 or 57 by providing that bodies corporate may be established and operated in a - specified way. Section 58 provides that the Regulations may make provision for a registered native title body corporate, to consult with, and act in accordance with the directions of, the common law holders in performing any of their functions. If a registered native title body corporate does not hold title on trust, section 58 provides that it can enter into agreements that bind the common law holders provided that, firstly, the common law holders have been consulted about and have authorised the agreements and, secondly, the agreements have been made in accordance with the processes set out in the regulations.

Subsection 56(4) of the Act provides that the regulations may also make provision for certain matters relating to the holding in trust of the native title rights and interests including the functions to be performed by the body corporate, the nature of any consultation with the common law holders and the circumstances in which the rights and interests may be surrendered, transferred or otherwise.

The details of the regulations are:

Regulation 1 provides for the citation of the regulations.

Regulation 2 defines "Aboriginal association" and "Rules" to have the same meanings as in the Aboriginal Councils and Associations Act 1976.

Regulation 3 provides that an Aboriginal association is prescribed for the purposes of the Act if it is incorporated under the Aboriginal Councils and Associations Act 1976, for the purpose of being the subject of a determination under section 56 or 57 of the Act, after the commencement of the regulations. Regulation 3 also requires that all of the members of a prescribed association be persons proposed to be included in a determination of native title as the native title holders, that the purpose of becoming a registered native title body corporate be set out in the objects or rules of the association and that provision is made in the rules for the performance of the functions of a registered native title body corporate.

Regulation 4 sets out the functions of a registered native title body corporate and states how those functions may be performed.

Regulation 5 provides that the rules of a prescribed body corporate must include a requirement for consultation with, and the consent of, the common law holders for and in the decision making processes of a prescribed body corporate.

Regulation 6 provides that a registered native title body corporate must consult with a representative Aboriginal/Torres Strait Islander body if it proposes to surrender any native title rights or interests or to agree to any other act which would affect the native title rights and interests of the common law holders. In relation to such proposals, the regulation also requires that the registered native title body corporate must ensure that the native title holders understand the purpose and nature of the proposal.

Regulation 7 provides for a document, signed by at least 5 members of the registered native title body corporate, evidencing the consent of the common law holders and compliance with the rules of the association. Regulation 7 also provides for a document signed by 5 members of the registered native title body corporate and a document signed by an authorised member of the representative Aboriginal/Torres Strait Islander body, evidencing consultation with a representative Aboriginal/Torres Strait Islander body where that is required by the regulations or the rules of the association. Regulation 7 also requires a registered native title body corporate to make copies of any of the above documents available to persons having a substantial interest in the decision or act to which the document relates.

The Regulations commenced on Gazettal.