Native Title Part 2
Future acts etc. and native title Division 3
Section 43
(a) a law of a State or Territory provides for alternative
provisions to those contained in this Subdivision in relation
to some or all acts to which this Subdivision applies that are
attributable to the State or Territory; and
(b) the Commonwealth Minister determines, by legislative
instrument, that the alternative provisions comply with
subsection (2);
then, while the determination is in force, the alternative provisions
have effect instead of this Subdivision.
Requirement to be satisfied
(2) The alternative provisions comply with this subsection if, in the
opinion of the Commonwealth Minister, they:
(a) contain appropriate procedures for notifying registered native
title bodies corporate, representative bodies, registered native
title claimants and potential native title claimants of the act;
and
(b) require negotiation in good faith among the persons
concerned; and
(c) provide for mediation by a person or body to assist in settling
any dispute among the persons concerned regarding the act;
and
(d) give registered native title bodies corporate and registered
native title claimants the right to object against the act; and
(e) make provision on similar terms to section 30 and contain
time limits similar to those applicable under this Subdivision;
and
(f) provide that the body determining the objection consists of,
or includes, persons enrolled for at least 5 years as legal
practitioners of:
(i) the High Court; or
(ii) another federal court; or
(iii) the Supreme Court of a State or Territory; and
Compilation No. 47
Native Title Act 1993
159
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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