Native Title Part 2 Future acts etc. and native title Division 3 Section 43A (d) in any other case—provide for consultation (including provide in relation to mediation) between: (i) any claimants, and bodies corporate, who object; and (ii) the person who requested or applied for the doing of the act; about ways of minimising the act’s impact on registered native title rights and interests in relation to the land or waters concerned, including about any access to the land or waters or the way in which any thing authorised by the act might be done; and (e) if any person objects as mentioned in paragraph (b), provide for the objection to be heard by an independent person or body; and Example: The independent person or body could be a State or Territory tribunal which deals with acts of the kind concerned, for example, a mining warden where the act is the grant of a mining lease. (f) provide for judicial review of the decision to do the act; and Example: The judicial review could be by the Supreme Court of the State or Territory. (g) provide that, if the independent person or body hearing any objection as mentioned in paragraph (e) makes a determination upholding the objection, or that contains conditions about the doing of the act that relate to registered native title rights and interests, the determination must be complied with unless: (i) the Minister of the State or the Territory responsible for indigenous affairs is consulted; and (ii) the consultation is taken into account; and (iii) it is in the interests of the State or the Territory not to comply with the determination; and (h) if the act is of the kind mentioned in subparagraph 26(1)(c)(iii) (which deals with certain compulsory acquisitions)—confer on each claimant and body corporate procedural rights that are not less favourable than those they would have on the assumption that they instead Compilation No. 47 Native Title Act 1993 165 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021

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