Part 2 Native Title
Division 3 Future acts etc. and native title
Section 43A
Meaning of certain expressions
(5) In this section:
conjunctive agreement/determination provisions means
provisions that:
(a) are included in alternative provisions; and
(b) in the opinion of the Commonwealth Minister, have an
effect, in combination with the other alternative provisions,
that is similar to the effect that subsection 26D(2) of this Act
has in combination with the other provisions of this
Subdivision.
expedited procedure provisions means provisions that:
(a) are included in alternative provisions; and
(b) in the opinion of the Commonwealth Minister, have an
effect, in combination with the other alternative provisions,
that is similar to the effect that section 32 of this Act has in
combination with the other provisions of this Subdivision.
43A Exception to right to negotiate: satisfactory State/Territory
provisions
Determination about alternative provisions
(1) If:
(a) a law or laws of a State or Territory provide for alternative
provisions to those contained in this Subdivision in relation
to some or all acts to which this Subdivision applies that:
(i) are attributable to the State or Territory; and
(ii) relate, to any extent, to an area of land or waters that is
an alternative provision area (see subsection (2)); and
(b) the Commonwealth Minister determines, by legislative
instrument, that the provisions comply with subsections (4)
and (6) and that the requirements of subsection (7) are
complied with;
then, subject to subsection (10), while the determination is in force,
the alternative provisions have effect instead of this Subdivision.
162
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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