Native Title Part 2 Future acts etc. and native title Division 3 Section 26A Fourth condition (6) The fourth condition is that the Minister is satisfied that, if the determination is made: (a) all: (i) registered native title bodies corporate; and (ii) registered native title claimants; and (iii) representative Aboriginal/Torres Strait Islander bodies; in relation to any of the land or waters that will be affected by the act or acts will have a right to be notified that the act or each act included in the class is to be done; and (b) any such persons or bodies will have a right to be heard by an independent person or body about: (i) whether the act is to be done; and (ii) any matter relating to the doing of the act; unless no other person would have such a right, assuming the person had an interest of any kind in relation to the land or waters; and (c) either: (i) the person, or one of the persons, who will do any thing authorised by the act will have a legal obligation to consult appropriately any person or body covered by subparagraph (a)(i) or (ii), unless the person or body indicates that the person or body does not wish to be so consulted; or (ii) procedures will be in place under which such consultation will be required; for the purpose of minimising the impact of the act on the exercise of native title rights and interests in relation to land or waters that will be affected by the act, and in particular about the matters set out in subsection (7). Matters relevant to fourth condition (7) The matters are: Compilation No. 47 Native Title Act 1993 121 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021

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