Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 24CD

Native title group to be parties

  (1)   All members of the native title group (see subsection   (2) or (3)) in relation to the area must be parties to the agreement.

Native title group where registered claimant or body corporate

  (2)   If there is a registered native title claimant, or a registered native title body corporate, in relation to any of the land or waters in the area, the native title group consists of:

  (a)   all registered native title claimants in relation to land or waters in the area; and

Note:   The agreement will bind all members of the native title claim group concerned: see paragraph   24EA(1)(b).

  (b)   all registered native title bodies corporate in relation to land or waters in the area; and

  (c)   if, for any part (the non - claimed/determined part ) of the land or waters in the area, there is neither a registered native title claimant nor a registered native title body corporate--one or more of the following:

  (i)   any person who claims to hold native title in relation to land or waters in the non - claimed/determined part;

  (ii)   any representative Aboriginal/Torres Strait Islander body for the non - claimed/determined part.

  (2A)   The requirement that all registered native title claimants in relation to land or waters in the area be parties to the agreement is satisfied if, for each of those registered native title claimants:

  (a)   a majority of the persons who comprise the registered native title claimant are parties to the agreement, unless paragraph   (b) applies; or

  (b)   if conditions under section   251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement--those persons are parties to the agreement.

  (2B)   The persons in the majority must notify the other persons who comprise the registered native title claimant within a reasonable period after becoming parties to the agreement as mentioned in paragraph   (2A)(a). A failure to comply with this subsection does not invalidate the agreement.

Native title group where no registered claimant or body corporate

  (3)   If subsection   (2) does not apply, the native title group consists of one or more of the following:

  (a)   any person who claims to hold native title in relation to land or waters in the area;

  (b)   any representative Aboriginal/Torres Strait Islander body for the area.

Other native title parties

  (4)   If the native title group is covered by subsection   (2), one or more of the following may also be parties to the agreement:

  (a)   any other person who claims to hold native title in relation to land or waters in the area;

  (b)   any representative Aboriginal/Torres Strait Islander body for the area.

Government parties

  (5)   If the agreement makes provision for the extinguishment of native title rights and interests by surrendering them to the Commonwealth, a State or Territory as mentioned in paragraph   24CB(e), the Commonwealth, State or Territory must be a party to the agreement. If the agreement does not make such provision, the Commonwealth, a State or a Territory may still be a party.

Other parties

  (6)   Any other person may be a party to the agreement.

Procedure where no representative body party

  (7)   If there are any representative Aboriginal/Torres Strait Islander bodies for any of the area and none of them is proposed to be a party to the agreement, a member of the native title group, before entering into the agreement:

  (a)   must inform at least one of the representative Aboriginal/Torres Islander bodies of its intention to enter into the agreement; and

  (b)   may consult any such representative Aboriginal/Torres Strait Islander bodies about the agreement.

Note:   The registration of agreements that are certified by a representative Aboriginal/Torres Strait Islander body is facilitated under section   24CK.