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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