Part 2 Native Title
Division 3 Future acts etc. and native title
Section 43A
(a) notify all representative Aboriginal/Torres Strait Islander
bodies for the land or waters concerned of the proposed
determination; and
(b) invite submissions from them about the proposed
determination; and
(c) consider any submissions made in response to the invitation.
Requirement to be satisfied: procedures etc.
(4) For the purposes of paragraph (1)(b), the alternative provisions
comply with this subsection if, in the opinion of the
Commonwealth Minister, they:
(a) contain appropriate procedures for notifying each of the
following that an act to which the provisions apply is to be
done:
(i) any registered native title claimant (a claimant) in
relation to any of the land or waters to which the act
relates;
(ii) any registered native title body corporate (a body
corporate) in relation to any of that land or waters;
(iii) any representative Aboriginal/Torres Strait Islander
body in relation to any of that land or waters; and
(b) give any claimant or body corporate the right to object,
within a specified period after the notification, to the doing of
the act so far as it affects their registered native title rights
and interests; and
(c) if the act is of the kind mentioned in
subparagraph 26(1)(c)(iii) (which deals with certain
compulsory acquisitions)—provide for consultation
(including provide in relation to mediation) between:
(i) any claimants, and bodies corporate, who object; and
(ii) the State or Territory;
about ways of minimising the act’s impact on registered
native title rights and interests in relation to the land or
waters concerned; and
164
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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