Determinations of the Federal Court Part 4
Orders Division 3
Section 94C
(1B) For the purposes of paragraph (1)(b), it is apparent from the timing
of an application by a person for a determination of native title in
relation to an area that it is made in response to a future act notice
to which the pre-1998 law applies if:
(a) the future act notice is given in relation to land or waters
wholly or partly within the area; and
(b) the person becomes a registered native title claimant in
relation to any land or waters that will be affected by the act,
within the period of 2 months starting when the notice is
given.
(1C) The regulations may prescribe, for the purposes of
paragraph (1)(b), other circumstances in which it is taken to be
apparent from the timing of an application by a person for a
determination of native title in relation to an area that it is made in
response to a future act notice, including circumstances in which it
is taken to be apparent in relation to a future act notice given under
alternative provisions.
(1D) For the purposes of paragraph (1)(c), the future act requirements
are satisfied in relation to a future act notice to which the current
law applies if one of the following paragraphs is satisfied in
relation to each future act identified in the notice:
(a) subsection 32(2) (which applies if no objection is made after
the giving of a notice that the act attracts the expedited
procedure) allows the act to be done;
(b) a determination is made under subsection 32(4) that the act is
an act attracting the expedited procedure;
(c) native title parties have lodged one or more objections in
relation to the act under subsection 32(3), but all such
objections are withdrawn under subsection 32(6);
(d) an agreement of the kind mentioned in paragraph 31(1)(b) is
made;
(e) a determination is made under section 36A or 38 that the act
may be done, or may be done subject to conditions being
complied with;
Compilation No. 47
Native Title Act 1993
277
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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