Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Subparagraph 24MD(6B)(c)(ii)
Before "native title body corporate", insert "registered".
2 Paragraph 58(e)
Repeal the paragraph, substitute:
(e) if it does not hold the native title on trust--to enter into agreements in relation to the native title that are binding on the common law holders, provided the agreements have been made in accordance with processes set out in the regulations;
3 After section 59
Insert:
59A Prescribed bodies corporate for subsequent determinations of native title
(1) If a prescribed body corporate holds native title rights and interests in trust for some common law holders, the Federal Court may determine under section 56 that the prescribed body corporate is to hold native title rights and interests in trust for other common law holders, so long as all of the common law holders mentioned consent to the determination.
(2) If a prescribed body corporate is an agent prescribed body corporate for some common law holders, the Federal Court may determine under paragraph 57(2)(b) that the prescribed body corporate is to be the agent prescribed body corporate for other common law holders, so long all of the common law holders mentioned consent to the determination.
(3) For the purposes of subsections (1) and (2), the regulations may prescribe the ways in which the consent of the common law holders may be obtained, and if the regulations do so, the common law holders must obtain the consent in that way.
4 Section 253
Insert:
"agent prescribed body corporate" , in relation to native title rights and interests, means:
(a) a prescribed body corporate that is determined under section 57 in relation to the native title; or
(b) a prescribed body corporate that, under regulations made for the purposes of subsection 56(4), is to perform the functions referred to in subsection 57(3) in relation to the native title; or
(c) a prescribed body corporate that replaces, under regulations made for the purposes of section 60:
(i) a prescribed body corporate referred to in paragraph (a) or (b); or
(ii) a prescribed body corporate that is an agent prescribed body corporate in relation to the native title because of an earlier application of this paragraph.
5 Section 253 (definition of agent prescribed body corporate )
Repeal the definition.