Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 44B

Conferral of rights

  (1)   At all times while this Subdivision applies, the person included in the native title claim group has a right:

  (a)   to have access, in the same way and to the same extent as the access mentioned in subsection   44A(3), to the traditional access area for the purpose of carrying on the one or more traditional activities in that area in the same way and to the same extent as they were carried on pursuant to the access mentioned in that subsection; and

  (b)   to carry on those activities in that area in that way and to that extent.

Lessee etc. rights prevail

  (2)   The rights of:

  (a)   the lessee under the lease; or

  (b)   any person with non - native title rights or interests in relation to the traditional access area;

prevail over the rights conferred by subsection   (1). To avoid doubt, the existence and exercise of the rights conferred by subsection   (1) do not prevent the doing of any thing in exercise of the rights of the lessee or person with the non - native title rights or interests.

Agreements about rights

  (3)   The lessee or any person with non - native title rights or interests in relation to the traditional access area may make an agreement with the person included in the native title claim group about:

  (a)   the manner of exercise of any of the rights conferred by subsection   (1); or

  (b)   the variation of any of those rights.

Note:   For example, an agreement might be made requiring notification of intended exercise of the rights.

Assistance in making agreements

  (4)   Any persons wishing to make such an agreement may request assistance from the NNTT or a recognised State/Territory body in negotiating the agreement.

Information obtained in providing assistance not to be used or disclosed in other contexts

  (4A)   The NNTT must not use or disclose information to which it has had access only because it provided assistance in negotiating the agreement for any purpose other than providing that assistance without the prior consent of the person who provided the NNTT with the information.

Statutory access rights do not amount to native title

  (5)   To avoid doubt, the fact that the person satisfies the conditions in section   44A does not mean that the person has native title rights and interests in relation to the traditional access area.