Part 2 Native Title Division 6 Native title functions of prescribed bodies corporate and holding of native title in trust Section 56 (ii) including with the nomination the written consent of the body corporate; and (b) secondly, if the common law holders give the nomination within the period, the Federal Court must determine that the prescribed body corporate is to hold the rights and interests from time to time comprising the native title in trust for the common law holders; and (c) thirdly, if the common law holders do not give the nomination within the period, the Federal Court must determine that the rights and interests are to be held by the common law holders. Native title held in trust (3) On the making of a determination under paragraph (2)(b), the prescribed body corporate holds, in accordance with the regulations, the rights and interests from time to time comprising the native title in trust for the common law holders. Other matters relating to the trust to be dealt with by regulation (4) The regulations may also make provision in respect of: (a) the following matters relating to the holding in trust of the native title rights and interests: (i) the functions to be performed by the body corporate; (ii) the nature of any consultation with, or other role for, the common law holders; (iii) the circumstances in which the rights and interests may be surrendered, transferred or otherwise dealt with; (iv) the determination of any other matter by the Federal Court; (v) any other matter; and (b) the replacement of the trustee where the common law holders wish the trustee to be replaced; and (c) the determination by the Federal Court of a prescribed body corporate to replace the trustee, and any other matter in relation to the replacement of the trustee; and 200 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021

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