Part 2 Native Title Division 3 Future acts etc. and native title Section 31 (a) the Government party must give all native title parties an opportunity to make submissions to it, in writing or orally, regarding the act; and (b) the negotiation parties must negotiate in good faith with a view to obtaining the agreement of each of the native title parties to: (i) the doing of the act; or (ii) the doing of the act subject to conditions to be complied with by any of the parties. Note: The native title parties are set out in paragraphs 29(2)(a) and (b) and section 30. If they include a registered native title claimant, the agreement will bind all of the persons in the native title claim group concerned: see subsection 41(2). Government party does not need to participate in negotiations (1A) Despite paragraph (1)(b), the Government party does not need to negotiate about matters that the Government party determines do not affect the Government party if the other negotiation parties give written consent. (1B) However, the Government party must be a party to the agreement. Registered native title claimants (1C) The requirement that a native title party that is a registered native title claimant be a party to the agreement is satisfied if: (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. (1D) 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 138 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021

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