Native Title Part 2
Future acts etc. and native title Division 3
Section 26A
Fourth condition
(6) The fourth condition is that the Minister is satisfied that, if the
determination is made:
(a) all:
(i) registered native title bodies corporate; and
(ii) registered native title claimants; and
(iii) representative Aboriginal/Torres Strait Islander bodies;
in relation to any of the land or waters that will be affected
by the act or acts will have a right to be notified that the act
or each act included in the class is to be done; and
(b) any such persons or bodies will have a right to be heard by an
independent person or body about:
(i) whether the act is to be done; and
(ii) any matter relating to the doing of the act;
unless no other person would have such a right, assuming the
person had an interest of any kind in relation to the land or
waters; and
(c) either:
(i) the person, or one of the persons, who will do any thing
authorised by the act will have a legal obligation to
consult appropriately any person or body covered by
subparagraph (a)(i) or (ii), unless the person or body
indicates that the person or body does not wish to be so
consulted; or
(ii) procedures will be in place under which such
consultation will be required;
for the purpose of minimising the impact of the act on the
exercise of native title rights and interests in relation to land
or waters that will be affected by the act, and in particular
about the matters set out in subsection (7).
Matters relevant to fourth condition
(7) The matters are:
Compilation No. 47
Native Title Act 1993
121
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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