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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