Part 2 Native Title
Division 3 Future acts etc. and native title
Section 31
(a) the Government party must give all native title parties an
opportunity to make submissions to it, in writing or orally,
regarding the act; and
(b) the negotiation parties must negotiate in good faith with a
view to obtaining the agreement of each of the native title
parties to:
(i) the doing of the act; or
(ii) the doing of the act subject to conditions to be complied
with by any of the parties.
Note:
The native title parties are set out in paragraphs 29(2)(a) and (b)
and section 30. If they include a registered native title claimant,
the agreement will bind all of the persons in the native title claim
group concerned: see subsection 41(2).
Government party does not need to participate in negotiations
(1A) Despite paragraph (1)(b), the Government party does not need to
negotiate about matters that the Government party determines do
not affect the Government party if the other negotiation parties
give written consent.
(1B) However, the Government party must be a party to the agreement.
Registered native title claimants
(1C) The requirement that a native title party that is a registered native
title claimant be a party to the agreement is satisfied if:
(a) a majority of the persons who comprise the registered native
title claimant are parties to the agreement, 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—those persons are
parties to the agreement.
(1D) 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 as mentioned in
138
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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