New South Wales Consolidated Acts

NATIVE TITLE (NEW SOUTH WALES) ACT 1994 - SECT 37

37 Compliance with determination of ADT

(1) A determination of the Tribunal under this Part has effect only for the purposes of section 24MD (6B) of the Commonwealth Native Title Act.

Section 24MD (6B) (g) NTA requires, in order to ensure the validity of the act, compliance with a determination of the Tribunal upholding an objection, or imposing conditions about the doing of the act that relate to registered native title rights and interests, unless:

(a) the Minister of the State responsible for indigenous affairs is consulted, and

(b) the consultation is taken into account, and

(c) it is in the interests of the State not to comply with the determination.

(2) A decision under section 24MD (6B) of the Commonwealth Native Title Act not to comply with a determination of the Tribunal under this Part can only be made by the Minister.