Native Title Part 2 Future acts etc. and native title Division 3 Section 39 (b) (c) (e) (f) ceremonies or other activities of cultural significance on the land or waters in accordance with their traditions; and (v) any area or site, on the land or waters concerned, of particular significance to the native title parties in accordance with their traditions; the interests, proposals, opinions or wishes of the native title parties in relation to the management, use or control of land or waters in relation to which there are registered native title rights and interests, of the native title parties, that will be affected by the act; the economic or other significance of the act to Australia, the State or Territory concerned, the area in which the land or waters concerned are located and Aboriginal peoples and Torres Strait Islanders who live in that area; any public interest in the doing of the act; any other matter that the arbitral body considers relevant. Existing non-native title interests etc. (2) In determining the effect of the act as mentioned in paragraph (1)(a), the arbitral body must take into account the nature and extent of: (a) existing non-native title rights and interests in relation to the land or waters concerned; and (b) existing use of the land or waters concerned by persons other than the native title parties. Laws protecting sites of significance etc. not affected (3) Taking into account the effect of the act on areas or sites mentioned in subparagraph (1)(a)(v) does not affect the operation of any law of the Commonwealth, a State or Territory for the preservation or protection of those areas or sites. Compilation No. 47 Native Title Act 1993 151 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021

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