Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 24DL

Registration only if conditions satisfied

  (1)   If a condition in subsection   (2) is satisfied, the Registrar must register the agreement. If none of the conditions is satisfied, the Registrar must not register the agreement.

Conditions

  (2)   The conditions are that:

  (a)   no objection against registration of the agreement was made within the notice period; or

  (b)   one or more objections against registration of the agreement were made within the notice period, but they have all been withdrawn; or

  (c)   one or more objections against registration of the agreement were made during the notice period, all of them have not been withdrawn, but none of the persons making them has satisfied the NNTT or a recognised State/Territory body that it would not be fair and reasonable to register the agreement, having regard to:

  (i)   the content of the agreement; and

  (ii)   the effect of the agreement on native title rights and interests; and

  (iii)   any benefits provided under the agreement to current native title holders (whether or not identified at the time the agreement is made) and their successors, and the way in which those benefits are to be distributed; and

  (iv)   any other relevant circumstance.

Note:   Sections   77A and 77B deal with applications to the NNTT objecting against registration of the agreement.