NATIVE TITLE ACT 1993 - SECT 24CH Notice of area agreements etc.

NATIVE TITLE ACT 1993 - SECT 24CH

  (1)   If the Registrar is satisfied that an indigenous land use agreement that meets the requirements of sections   24CB to 24CE is in existence, the Registrar must:

  (a)   give notice of the agreement, in accordance with subsection   (2), to any of the following who are not parties to the agreement:

  (i)   the Commonwealth Minister;

  (ii)   if the agreement covers an area within the jurisdictional limits of a State or Territory--the State Minister or the Territory Minister for the State or Territory;

  (iii)   any representative Aboriginal/Torres Strait Islander body for the area covered by the agreement;

  (iv)   any local government body for the area covered by the agreement;

  (v)   any other person whom the Registrar, having regard to the nature of the agreement, considers appropriate; and

  (b)   notify the public in the determined way of the agreement in accordance with subsection   (2).

Content of notice

  (2)   The notice under paragraph   (1)(a) or (b) must:

  (a)   identify the area covered by the agreement, whether by including a map or otherwise; and

  (b)   state the name of each party to the agreement and the address at which the party can be contacted; and

  (c)   set out:

  (i)   any statements included in the agreement that are of a kind mentioned in paragraph   24EB(1)(b), (c) or (d) or 24EBA(1)(a); or

  (ii)   a summary of any statements included in the agreement that are of that kind, together with information about where further detail about the statements may be obtained; and

  (d)   include a statement that, within the period (the notice period ) of 3 months after the notification day (see subsection   (3)):

  (i)   if the application was certified by representative Aboriginal/Torres Strait Islander bodies for the area (see paragraph   24CG(3)(a))--any person claiming to hold native title in relation to any of the land or waters in the area covered by the agreement may object, in writing to the Registrar, against registration of the agreement on the ground that the requirements of paragraph   203BE(5)(a), (b) or (c) were not satisfied in relation to the certification; or

  (ii)   if the application contained a statement as mentioned in paragraph   24CG(3)(b) to the effect that certain requirements have been met (in summary, relating to identifying native title holders and ensuring that they have authorised the making of the agreement)--any person claiming to hold native title in relation to land or waters in the area covered by the agreement may wish, in response to the notice, to make a native title determination application or equivalent application under a law of a State or Territory.

Notice to specify day

  (3)   The notice under paragraph   (1)(a) or (b) must specify a day as the notification day for the agreement. Each such notice in relation to the agreement must specify the same day.

Which days may be specified

  (4)   That day must be a day by which, in the Registrar's opinion, it is reasonable to assume that all notices under paragraph   (1)(a) or (b) in relation to the agreement will have been received by, or will otherwise have come to the attention of, the persons who must be notified under those paragraphs.