Part 2 Native Title
Division 3 Future acts etc. and native title
Section 26C
Third condition
(5) The third condition is that, before making the request, the State
Minister or Territory Minister:
(a) notified the public, and notified any registered native title
bodies corporate, registered native title claimants and
representative Aboriginal/Torres Strait Islander bodies in
relation to any of the area, that he or she was intending to
make the request in relation to the area; and
(b) invited submissions about the request, and in particular about
the area covered by the request and about processes for the
identification and protection of any area or site within that
area of particular significance to native title holders in
accordance with their traditional laws and customs; and
(c) considered any such submissions that were made.
Fourth condition
(5A) The fourth condition is that the Commonwealth Minister is
satisfied, immediately before the determination is made, that
mining for opals or gems is being carried on in the whole or a
substantial part of:
(a) if paragraph (b) does not apply—the area; or
(b) if, immediately before the determination is made, any part of
the area is an approved opal or gem mining area—so much of
the area as is not already an approved opal or gem mining
area.
Revocation of determination
(6) If, at any time after making the determination, the Commonwealth
Minister considers that circumstances have changed to the extent
that the conditions in subsections (3) to (5A) would not be satisfied
if he or she were making the determination at that time, the
Commonwealth Minister must:
(a) advise the State Minister or the Territory Minister concerned
in writing of the fact; and
128
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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