NATIVE TITLE ACT 1993 - SECT 24CG Application for registration of area agreements

NATIVE TITLE ACT 1993 - SECT 24CG

Application

  (1)   Any party to the agreement may, if all of the other parties agree, apply in writing to the Registrar for the agreement to be registered on the Register of Indigenous Land Use Agreements.

Things accompanying application

  (2)   The application must be accompanied by a copy of the agreement and any other prescribed documents or information.

Certificate or statement to accompany application in certain cases

  (3)   Also, the application must either:

  (a)   have been certified by all representative Aboriginal/Torres Strait Islander bodies for the area in performing their functions under paragraph   203BE(1)(b) in relation to the area; or

  (b)   include a statement to the effect that the following requirements have been met:

  (i)   all reasonable efforts have been made (including by consulting all representative Aboriginal/Torres Strait Islander bodies for the area) to ensure that all persons who hold or may hold native title in relation to land or waters in the area covered by the agreement have been identified;

  (ii)   all of the persons so identified have authorised the making of the agreement;

  (iii)   any conditions under section   251BA on the authority that relate to the making of the agreement have been satisfied;

    together with a further statement briefly setting out the grounds on which the Registrar should be satisfied that the requirements are met.

Note:   The word authorise is defined in section   251A.

Registrar may assist parties

  (4)   The Registrar may give such assistance as he or she considers reasonable to help a party to the agreement prepare the application and accompanying material.

Certification not affected if Aboriginal/Torres Strait Islander body subsequently ceases to be recognised

  (5)   To avoid doubt, the certification of an application under Part   11 by a representative Aboriginal/Torres Strait Islander body is not affected merely because, after certification, the recognition of the body as the representative Aboriginal/Torres Strait Islander body for the area concerned is withdrawn or otherwise ceases to have effect.