Determinations of the Federal Court Part 4
Agreements and unopposed applications Division 1C
Section 87A
(vi) each person who claims to hold native title in relation to
land or waters in the determination area and who is a
party to the proceeding at the time the agreement is
made;
(vii) the Commonwealth Minister, if the Commonwealth
Minister is a party to, or is intervening in, the
proceeding at the time the agreement is made;
(viii) if any part of the determination area is within the
jurisdictional limits of a State or Territory, the State or
Territory Minister for the State or Territory if the State
or Territory Minister is a party to the proceeding at the
time the agreement is made;
(ix) any local government body for any part of the
determination area who is a party to the proceeding at
the time the agreement is made; and
(d) the terms of the proposed determination are in writing and
signed by or on behalf of each of those parties.
Note:
For agreements reached in relation to the whole of the area covered by
the application, see section 87.
When a registered native title claimant is taken to be a party to the
agreement
(1A) The requirements that a registered native title claimant be a party
to the agreement and sign the terms of the proposed determination
are satisfied if:
(a) a majority of the persons who comprise the registered native
title claimant are parties to the agreement and sign the terms,
unless paragraph (b) applies; or
(b) if conditions under section 251BA on the authority of the
registered native title claimant provide for the persons who
must become a party to the agreement and sign the terms—
those persons are parties to the agreement and sign the terms.
(1B) The persons in the majority must notify the other persons who
comprise the registered native title claimant within a reasonable
period after becoming parties to the agreement and signing the
Compilation No. 47
Native Title Act 1993
269
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents