Part 2 Native Title
Division 3 Future acts etc. and native title
Section 42
(7) If a party to the agreement notifies the Registrar in accordance with
subsection (6), the party must notify each other party to the
agreement.
Expired agreements
(8) The Registrar does not need to keep a record, or provide
information, in relation to an agreement that has expired.
42 Overruling of determinations
(1) If a State Minister or a Territory Minister considers it to be in the
interests of the State or Territory to overrule the determination of a
recognised State/Territory body for the State or Territory, the State
Minister or Territory Minister may, by writing given to the
recognised State/Territory body, make a declaration in accordance
with subsection (3).
Right of Commonwealth to overrule
(2) If the Commonwealth Minister considers it to be in:
(a) in any case—the national interest; or
(b) if the act concerned is an act attributable to a State or
Territory—the interests of the State or Territory;
to overrule a determination of the NNTT (other than a
determination under subsection 32(4), which deals with the
expedited procedure), the Commonwealth Minister may, by
writing given to the NNTT, make a declaration in accordance with
subsection (3).
Kinds of declaration
(3) The Minister concerned may make either of the following
declarations:
(a) a declaration that the determination is overruled;
(b) a declaration that the determination is overruled and that
conditions set out in the declaration are to be complied with
by any of the parties.
156
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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