Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 207A

Determination

  (1)   The Commonwealth Minister may, by legislative instrument, determine that a court, office, tribunal or body (which court, office, tribunal or body is called the body ) established by or under a law of a State or Territory is a recognised State/Territory body if the State Minister for the State, or Territory Minister for the Territory, nominates the body to the Commonwealth Minister for the purposes of this section.

Criteria to be satisfied

  (2)   In order to ensure that there is a nationally consistent approach to the recognition and protection of native title, the Commonwealth Minister must not make the determination unless the Commonwealth Minister is satisfied that:

  (a)   any procedures under the law of the State or Territory for:

  (i)   approved determinations of native title by the body; and

  (ii)   determinations of compensation for acts affecting native title;

    will be consistent with those set out in this Act; and

  (aa)   any procedures under the law of the State or Territory for determinations whether acts affecting native title may be done will be consistent with those set out in this Act; and

  (ab)   the law of the State or Territory will require a decision to be made whether a claim in respect of native title satisfies conditions equivalent to those set out in sections   190B and 190C; and

  (b)   any procedures that will apply under the law of the State or Territory for the registration and notification of any claims in respect of native title that may be made to the body will be efficient; and

  (c)   the body will have available to it, through its membership or otherwise, appropriate expertise (including expertise in matters relating to Aboriginal peoples and Torres Strait Islanders) for performing its functions in relation to native title; and

  (d)   the procedures of the body under the law of the State or Territory in performing its functions in relation to native title will be informal, accessible and expeditious; and

  (e)   the body will, under the law of the State or Territory, be able to mediate matters in appropriate cases; and

  (f)   the body will have adequate resources to enable it to perform its functions in relation to native title; and

  (h)   provisions under the law of the State or Territory to similar effect as those in Division   6 of Part   2 (which deals with the holding of native title etc. by bodies corporate) will apply in relation to any approved determination of native title by the body; and

  (i)   the law of the State or Territory will require the Native Title Registrar to be informed of:

  (i)   any applications for decisions, orders or judgments of the body that involve an approved determination of native title; and

  (ia)   any claims contained in any such applications (including amended applications) that have been found to satisfy conditions equivalent to those set out in sections   190B and 190C; and

  (ib)   any amendments of applications covered by subparagraph   (ia), if the claims contained in the application as amended have been found not to satisfy conditions equivalent to those set out in sections   190B and 190C; and

  (ic)   any withdrawal or dismissal of applications covered by subparagraph   (i); and

  (ii)   the making of any such determination by the body; and

  (j)   any other requirement that the Commonwealth Minister considers relevant will be satisfied.

More than one body

  (3)   The Commonwealth Minister may determine more than one body in respect of the same State or Territory.

De - recognition

  (4)   If the Commonwealth Minister at any time is not satisfied as mentioned in subsection   (2) in relation to a recognised State/Territory body, he or she must:

  (a)   advise the State Minister or the Territory Minister concerned in writing of the fact; and

  (b)   if at the end of 90 days, or such longer period as the Commonwealth Minister allows, after doing so, the Commonwealth Minister is still not satisfied--by legislative instrument, revoke the determination in relation to the body.

Regulations to make transitional provisions

  (5)   The regulations may prescribe any modifications of this Act that are necessary or convenient to deal with transitional matters arising from the revocation of determinations under this section.

Effect of recognition

  (6)   The making of a determination in relation to a body under this section does not affect any functions of the NNTT under Division   1 of Part   6 or jurisdiction of the Federal Court under Division   1A of Part   4.