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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