Native Title Part 2 Native title functions of prescribed bodies corporate and holding of native title in trust Division 6 Section 55 Division 6—Native title functions of prescribed bodies corporate and holding of native title in trust 55 Determinations by Federal Court If: (a) the Federal Court proposes to make an approved determination of native title; and (b) the determination is that native title exists at the time of making the determination; the Federal Court must, at the same time as, or as soon as practicable after, it makes the determination, make such determinations as are required by sections 56 (which deals with holding the native title on trust) and 57 (which deals with non-trust functions of prescribed bodies corporate). 56 Determination whether native title to be held in trust Trust determination (1) One of the determinations that the Federal Court must make is whether the native title is to be held in trust, and, if so, by whom. Steps in making determination (2) The Federal Court is to take the following steps in making the determination: (a) first, it must request a representative of the persons it proposes to include in the determination of native title as the native title holders (the common law holders) to indicate whether the common law holders intend to have the native title held in trust by: (i) nominating, in writing given to the Federal Court within a specified period, a prescribed body corporate to be trustee of the native title; and Compilation No. 47 Native Title Act 1993 199 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021