Native Title Part 2
Future acts etc. and native title Division 3
Section 25
Subdivision P—Right to negotiate
25 Overview of Subdivision
(1) In summary, this Subdivision applies to certain future acts done by
the Commonwealth, a State or a Territory that are of any of the
following kinds:
(aa) certain acts covered by section 24IC (which deals with
permissible lease etc. renewals);
(a) certain conferrals of mining rights;
(b) certain compulsory acquisitions of native title rights and
interests;
(c) other acts approved by the Commonwealth Minister.
(2) Before the future act is done, the parties must negotiate with a view
to reaching an agreement about the act. However, in certain
circumstances, the Commonwealth, State or Territory can limit its
participation in negotiations if the other parties consent.
(3) If they do not reach agreement, an arbitral body, or a Minister, will
make a determination about the act instead.
(4) If the procedures in this Subdivision are not complied with, the act
will be invalid to the extent that it affects native title.
(5) States and Territories may make their own laws as alternatives to
this Subdivision. The Commonwealth Minister must be satisfied as
to certain matters before such laws can take effect.
Note:
The fact that action is being taken to comply with this Subdivision
does not imply that action under another law, such as processing
requests or applications in respect of the act, cannot be taken at the
same time.
26 When Subdivision applies
Subdivision applies to certain permissible lease etc. renewals
(1A) This Subdivision applies to a future act if:
Compilation No. 47
Native Title Act 1993
117
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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