Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Before making a compensation application, a registered native title body corporate must consult and obtain consent in relation to the making of the application in accordance with this regulation.
Identify relevant determinations
(2) Any of the following is a specified native title determination for the compensation application:
(a) a native title determination in relation to an area of land or waters to which the compensation application relates;
(b) if, in relation to an area of land or waters to which the compensation application relates (the relevant land or waters ), there is no native title determination--the native title determination that covers the area of land or waters whose external boundary includes the relevant land or waters.
Note 1: A native title determination is a determination that native title exists: see the definition of native title determination in subregulation 3(1).
Note 2: Paragraph (a) of this subsection relates to applications made by a registered native title body corporate under paragraph (1) in the item dealing with compensation applications in the table in subsection 61(1) of the Act. Paragraph (b) of this subsection relates to applications made under paragraph (1A) of that item by a registered native title body corporate on behalf of all the persons who claim to be entitled to the compensation, being the common law holders in relation to the native title determination mentioned in paragraph (b) of this subsection.
Identify relevant common law holders
(3) The specified persons for the compensation application are the common law holders included in any specified native title determination for the compensation application.
(4) However, if:
(a) it has been determined that native title exists in relation to all of the land or waters to which the compensation application relates; and
(b) a specified native title determination for the compensation application identifies classes of common law holders;
the classes of common law holders identified in the specified native title determination who possess native title rights and interests in relation to the land or waters to which the compensation application relates are specified persons for the compensation application instead of all the common law holders included in the specified native title determination.
Identify and follow appropriate consultation process
(5) If there is a particular process of decision - making that, under the Aboriginal or Torres Strait Islander traditional laws and customs of the specified persons, must be followed in relation to the giving of the consent, the consent must be given in accordance with that process.
(6) If subregulation (5) does not apply, the consent must be given in accordance with the process of decision - making agreed to, or adopted, for the compensation application, or for compensation applications of the same kind, by the specified persons.