Part 4 Determinations of the Federal Court
Division 1C Agreements and unopposed applications
Section 87A
(11) In considering whether to accept under subsection (10) a statement
of facts agreed to by some of the parties to the proceedings, the
Court must take into account any objections that are made by the
other parties to the proceedings within 21 days after the notice is
given under subsection (9).
(12) A reference in subsections (8) to (11) to the parties to the
proceeding includes a reference to the Commonwealth Minister if
the Commonwealth Minister is intervening in the proceeding at the
time a statement of facts is agreed.
87A Power of Federal Court to make determination for part of an
area
Application
(1) This section applies if:
(a) there is a proceeding in relation to an application for a
determination of native title; and
(b) at any stage of the proceeding after the end of the period
specified in the notice given under section 66, agreement is
reached on a proposed determination of native title in relation
to an area (the determination area) that is part of, but not all
of, the area covered by the application; and
(c) all of the following are parties to the agreement:
(i) the applicant;
(ii) each registered native title claimant in relation to any
part of the determination area who is a party to the
proceeding at the time the agreement is made;
(iv) each representative Aboriginal/Torres Strait Islander
body for any part of the determination area who is a
party to the proceeding at the time the agreement is
made;
(v) each person who holds an interest in relation to land or
waters in any part of the determination area at the time
the agreement is made, and who is a party to the
proceeding at the time the agreement is made;
268
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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