Part 4 Determinations of the Federal Court
Division 1C Agreements and unopposed applications
Section 87A
terms, as mentioned in paragraph (1A)(a). A failure to comply with
this subsection does not invalidate the agreement or any signature.
Proposed determination may be filed with the Court
(2) A party to the agreement may file a copy of the terms of the
proposed determination of native title with the Federal Court.
Certain parties to the proceeding to be given notice
(3) The Federal Court Chief Executive Officer must give notice to the
other parties to the proceeding that the proposed determination of
native title has been filed with the Court.
Orders may be made
(4) The Court may make an order in, or consistent with, the terms of
the proposed determination of native title without holding a
hearing, or if a hearing has started, without completing the hearing,
if the Court considers that:
(a) an order in, or consistent with, the terms of the proposed
determination would be within its power; and
(b) it would be appropriate to do so.
Note:
As the Court’s order involves making a determination of native title,
the order needs to comply with section 94A (which deals with the
requirements of native title determination orders).
(5) Without limiting subsection (4), if the Court makes an order under
that subsection, the Court may also make an order under this
subsection that gives effect to terms of the agreement that involve
matters other than native title if the Court considers that:
(a) the order would be within its power; and
(b) it would be appropriate to do so.
(6) The jurisdiction conferred on the Court by this Act extends to
making an order under subsection (5).
(7) The regulations may specify the kinds of matters other than native
title that an order under subsection (5) may give effect to.
270
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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