NATIVE TITLE ACT 1993 - SECT 251BA Conditions on authority

NATIVE TITLE ACT 1993 - SECT 251BA

  (1)   The persons who authorise:

  (a)   the making of an indigenous land use agreement under section   251A; or

  (b)   a person or persons to make a native title determination application or a compensation application, and to deal with matters arising in relation to it, under section   251B;

may impose conditions on the authority.

  (2)   The conditions must be imposed:

  (a)   where there is a process of decision - making that, under the traditional laws and customs of the persons, must be complied with in relation to authorising things of that kind--in accordance with that process; or

  (b)   where there is no such process--in accordance with a process of decision - making agreed to and adopted, by the persons, in relation to authorising things of that kind.

Note 1:   Consequences of a failure to comply with a condition may include:

(a)   replacement of the applicant (see subparagraph   66B(1)(a)(iv)); and

(b)   a Federal Court order (see section   84D).

Note 2:   Conditions that may be imposed include:

(a)   a requirement that something required to be done under this Act be done by the authorised persons unanimously, instead of by majority (see section   62C); and

(b)   a condition setting out what happens if an authorised person dies or is unable to act as an applicant because of physical or mental incapacity (see section   66B).

  (3)   A person or persons authorised to make an application under section   61 must seek leave to amend the application to reflect any imposition, variation or revocation of conditions on the authority that occurs after the application is made.