Part 2 Native Title Division 3 Future acts etc. and native title Section 43 (g) make provision to the same effect as section 39 in relation to matters that are required to be taken into account by the body determining the objection; and (h) if the alternative provisions involve the hearing and determination of the objection by a person or body other than the NNTT or a recognised State/Territory body for the State or Territory—provide for a member of the recognised State/Territory body (if any) or of the NNTT to participate in the determination; and (i) provide that any decision of the body determining the objection may only be overruled on grounds of State or Territory interest or of national interest; and (j) make appropriate provision for compensation for the act, including provision for: (i) bank guarantees on similar terms to those in subsections 36C(5), 41(3) and 42(5), and regulations made for the purposes of subsections 36C(5A), 41(4) and 42(5A); or (ii) for trusts on similar terms to those in subsections 36C(5B), 41(5) and 42(5B); and (k) if the alternative provisions allow a Minister to make a determination in relation to the act in circumstances other than those covered in paragraph (i)—provide for those circumstances to be similar to those set out in section 36A and for requirements similar to those in sections 36B and 36C to apply. Effect of including conjunctive agreement/determination provisions and expedited procedure provisions (2A) If the only reason for the Commonwealth Minister not being of the opinion that the alternative provisions comply with subsection (2) is that they include conjunctive agreement/determination provisions or expedited procedure provisions (see subsection (5)), the alternative provisions nevertheless comply with subsection (2). 160 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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