South Australian Consolidated Acts

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 - SECT 24

24—Registration of representative

        (1)         If the Court proposes to declare land subject to native title, the Court must invite a representative of the persons recognised at common law as holders of the native title (the "common law holders"), within a specified period—

            (a)         to nominate a body corporate to be the registered representative of the holders of native title in the land; and

            (b)         to indicate whether holders of native title in the land want the registered representative to hold the native title on trust.

        (2)         A body corporate—

            (a)         is not eligible for nomination as the registered representative of the holders of native title in land unless it complies with the principles of eligibility prescribed by regulation; but

            (b)         if it does comply with the principles of eligibility—may be the registered representative of different groups of Aboriginal people who hold different rights and interests in the same land or who hold rights and interests in different land.

        (3)         A body corporate nominated to be the registered representative of holders of native title in land—

            (a)         must be recorded in the register as the registered representative; and

            (b)         must carry out functions assigned by or under an Act to the registered representative.

        (4)         If a body corporate that is eligible for nomination under this section is not nominated within the period specified by the Court, the Court must select an eligible body corporate to be the registered representative of the holders of native title in accordance with the regulations.

        (5)         If—

            (a)         the representative of holders of native title in the land indicate that they want the body corporate nominated to hold the native title on their behalf; and

            (b)         the body corporate consents to hold the native title in trust,

the Court must make an order vesting the native title in the body corporate to be held in trust for the common law holders.

        (6)         The terms on which the native title is to be held on trust are to be as prescribed by regulation and the trustee must carry out functions given to it by regulation.

        (7)         The Court may on application by a representative of the persons who are recognised at common law as the holders of native title in land, order that the registered representative of, or trustee for, the native title holders be changed by substituting a nominated body corporate for the one previously recognised as the registered representative or trustee.