Native Title Part 2
Future acts etc. and native title Division 3
Section 44C
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.
Compilation No. 47
Native Title Act 1993
171
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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