Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For sub section 2 4CG (2) of the Act, an application to register an area agreement must be accompanied by the documents and information mentioned in this regulation.
(2) The following documents must accompany an application:
(a) a copy of each determination of native title for the agreement area for any party to the agreement that is a registered native title body corporate;
(b) a statement by each party to the agreement, signed by or for the party, that the party agrees to the application being made;
(c) a copy of an extract from the Register of Native Title Claims giving details of each party that is a registered native title claimant;
(d) a complete description of the agreement area;
(e) if the agreement provides for the surrender of native title that is intended to extinguish native title rights and interests in an area, a complete description of that area;
(f) a copy of any certification, mentioned in paragraph 2 4CG (3) (a) of the Act, that relates to the agreement;
Note: Subsection 2 4CG (3) of the Act provides that an application for registration of an area agreement must:
(a) have been certified by all representative bodies for the area; or
(b) include both a statement that the requirements of para 24CG (3) (b) have been met, and a statement setting out the grounds on which the Registrar should be satisfied that those requirements have been met.
(i) a registered native title body corporate is a party to the agreement; and
(ii) the agreement gives effect to a native title decision in an area (the affected area ); and
(iii) for any part of the affected area, there is a representative body that is not a party to the agreement, or no representative body;
a certificate under regulation 9 of the PBC Regulations that relates to the decision.
Note 1: The PBC Regulations apply to a body that holds native title rights and interests, or acts as an agent or representative of the common law holders, as the result of a Federal Court determination under s 56 or 57 of the Act.
Note 2: Regulation 8 of those Regulations provides that a prescribed body corporate, before making a decision to enter an area agreement, must consult common law holders .
Note 3: Regulation 9 of those Regulations sets out the requirements for the certificate that will provide evidence of consultation about, and consent to, the decision.
(3) The following information, which must be in writing, must accompany the application:
(a) the name of each party to the agreement and the address at which the party can be contacted;
Note: The name of each party to the agreement and the address at which the party can be contacted will be notified to the public by the Registrar: see s 24CH of the Act.
(b) information that identifies any party that is a representative body;
(c) whether the Commonwealth, or a State or Territory, or a Commonwealth, State or Territory authority, is a party;
(d) if the agreement specifies the period during which the agreement will operate, a statement of that period ;
(e) details of any conditions under section 2 51BA of the Act on the authority to make the agreement;
(f) whether or not there is any other written agreement made between some or all of the parties to the agreement in connection with the doing of an act to which the agreement relates.
(a) there are any representative bodies for any part of the area covered by the agreement; and
(b) none of them is a party to the agreement;
a party that is a member of the native title group, within the meaning in section 2 4CD of the Act, must state whether it has informed at least 1 of the representative bodies of its intention to enter into the agreement.
(5) If the area agreement contains 1 or more of the following statements, the application for registration of the agreement must be accompanied by information in writing giving the location of each statement in the agreement:
(a) a statement of a kind mentioned in paragraph 2 4EB (1) (b) of the Act that relates to the consent by the parties to the doing of a future act or class of acts;
(b) a statement of a kind mentioned in paragraph 2 4EB (1) (c) of the Act to the effect that Subdivision P of Division 3 of Part 2 of the Act (which deals with the right to negotiate) is not intended to apply to a future act or class of acts;
(c) a statement of a kind mentioned in paragraph 2 4EB (1) (d) of the Act to the effect that the surrender of native title under the agreement is intended to extinguish native title rights and interests;
(d) a statement of a kind mentioned in subparagraph 2 4EBA (1) (a) (i) of the Act to the effect that the parties agree to the validating of a future act that is not an intermediate period act, or of such acts included in classes;
(e) a statement of a kind mentioned in subparagraph 2 4EBA (1) (a) (ii) of the Act to the effect that the parties agree to the validating, subject to conditions, of a future act that is not an intermediate period act, or of such acts included in classes;
(f) a statement of a kind mentioned in subparagraph 2 4EBA (1) (a) (iii) of the Act that relates to the agreement by the parties to change the effects provided by section 2 2B of the Act, or by a State or Territory law that has the same effect, of an intermediate period act or of such acts included in classes;
(g) a statement of a kind mentioned in paragraph 2 4EBA (4) (b) of the Act to the effect that the surrender of native title under the agreement is intended to have extinguished the native title rights and interests.
Note: An application must also be accompanied by a copy of the
agreement, see subs 24CG (2) of the Act.