Part 2 Native Title
Division 3 Future acts etc. and native title
Section 43
(g) make provision to the same effect as section 39 in relation to
matters that are required to be taken into account by the body
determining the objection; and
(h) if the alternative provisions involve the hearing and
determination of the objection by a person or body other than
the NNTT or a recognised State/Territory body for the State
or Territory—provide for a member of the recognised
State/Territory body (if any) or of the NNTT to participate in
the determination; and
(i) provide that any decision of the body determining the
objection may only be overruled on grounds of State or
Territory interest or of national interest; and
(j) make appropriate provision for compensation for the act,
including provision for:
(i) bank guarantees on similar terms to those in
subsections 36C(5), 41(3) and 42(5), and regulations
made for the purposes of subsections 36C(5A), 41(4)
and 42(5A); or
(ii) for trusts on similar terms to those in
subsections 36C(5B), 41(5) and 42(5B); and
(k) if the alternative provisions allow a Minister to make a
determination in relation to the act in circumstances other
than those covered in paragraph (i)—provide for those
circumstances to be similar to those set out in section 36A
and for requirements similar to those in sections 36B and
36C to apply.
Effect of including conjunctive agreement/determination provisions
and expedited procedure provisions
(2A) If the only reason for the Commonwealth Minister not being of the
opinion that the alternative provisions comply with subsection (2)
is that they include conjunctive agreement/determination
provisions or expedited procedure provisions (see subsection (5)),
the alternative provisions nevertheless comply with subsection (2).
160
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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