Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Body corporate agreements and area agreements
1 Section 24BC
Before "The", insert "(1)".
2 At the end of section 24BC
Add:
(2) If:
(a) there is an approved determination of native title to the effect that native title does not exist in relation to part of the area; or
(b) part of the area was expressly excluded from the area covered by an approved determination of native title because of subsection 61A(2) (restrictions on making of certain applications);
it is not necessary for there to be a registered native title body corporate for that part of the area in order to satisfy subsection (1).
3 Subsection 24CH(1)
Omit "The", substitute "If the Registrar is satisfied that an indigenous land use agreement that meets the requirements of sections 24CB to 24CE is in existence, the".
4 Application
The amendments of sections 24BC and 24CH of the Native Title Act 1993 made by this Part apply in relation to any agreement in respect of which an application for registration is made after the commencement of this item.
Part 2 -- Deregistration and amendment
5 After subsection 24EB(2)
Insert:
(2A) To avoid doubt, removal of the details of an agreement from the Register of Indigenous Land Use Agreements does not affect the validity of a future act done while the details were on the Register.
6 At the end of section 24EBA
Add:
Removal of agreement from the Register
(7) To avoid doubt, removal of the details of an agreement from the Register of Indigenous Land Use Agreements does not affect:
(a) the validity of a future act validated by subsection (2) or a law of a State or Territory mentioned in subsection (3); or
(b) the effects of an intermediate period act that have been changed under subsection (6).
7 At the end of Subdivision E of Division 3 of Part 2
Add:
(1) If the details of an agreement are entered on the Register of Indigenous Land Use Agreements, the agreement has effect, for the purposes of this Act, as if the agreement included any amendments of the agreement that:
(a) have been agreed to by the parties to the agreement; and
(b) have been notified to the Registrar in writing by the parties;
but only so far as the amendments:
(c) update property descriptions, but not so as to result in the inclusion of any area of land or waters not previously covered by the agreement; or
(d) update a description identifying a party to the agreement, including where a party has assigned or otherwise transferred rights or liabilities under the agreement; or
(e) do a thing specified in a legislative instrument made under subsection (3).
(2) If the details of an agreement are entered on the Register of Indigenous Land Use Agreements, the agreement has effect, for the purposes of this Act, as if it did not include any amendments other than those that have effect because of subsection (1).
Note: An application for registration of such an agreement as amended could be made under Subdivision B, C or D.
Instrument specifying a thing
(3) The Commonwealth Minister may, by legislative instrument, specify a thing that an amendment to an agreement may do for the purposes of paragraph (1)(e).
8 At the end of section 199B
Add:
Amendments to agreements
(5) If an amendment of an agreement changes any detail of the agreement that is entered in the Register, the Registrar must update the Register to reflect the change.
Note: Only certain amendments to agreements have effect for the purposes of this Act: see section 24ED.
9 Subsection 199C(1) (note)
Omit "Note", substitute "Note 1".
10 At the end of subsection 199C(1)
Add:
Note 2: Removal of the details of an agreement from the Register does not affect the validity of a future act that has already been done: see subsections 24EB(1) and (2A) and 24EBA(7).
11 Application
Section 24ED and subsection 199B(5) of the Native Title Act 1993 , as inserted by this Part, apply in relation to any agreement, the details of which are on the Register of Indigenous Land Use Agreements after the commencement of this item.