Commonwealth Numbered Acts

NATIVE TITLE LEGISLATION AMENDMENT ACT 2021 (NO. 6, 2021) - SCHEDULE 5

Part 1 -- Intervention in proceedings

Native Title Act 1993

1  Subsection 84A(1)

After "written notice to", insert "the High Court or".

2  Paragraph 87(1)(a)

Omit "between the parties".

3  After paragraph 87(1)(a)

Insert:

                    (aa)  all of the following are parties to the agreement:

                              (i)  the parties to the proceedings;

                             (ii)  the Commonwealth Minister, if the Commonwealth Minister is intervening in the proceedings at the time the agreement is made; and

4  Paragraph 87(1)(b)

After "the parties", insert "to the proceedings and, if subparagraph (aa)(ii) applies, the Commonwealth Minister".

5  At the end of section 87

Add:

           (12)  A reference in subsections (8) to (11) to the parties to the proceeding includes a reference to the Commonwealth Minister if the Commonwealth Minister is intervening in the proceeding at the time a statement of facts is agreed.

6  Subparagraph 87A(1)(c)(vii)

Repeal the subparagraph, substitute:

                           (vii)  the Commonwealth Minister, if the Commonwealth Minister is a party to, or is intervening in, the proceeding at the time the agreement is made;

7  At the end of section 87A

Add:

           (13)  A reference in subsections (9) to (12) to the parties to the proceeding includes a reference to the Commonwealth Minister if the Commonwealth Minister is intervening in the proceeding at the time a statement of facts is agreed.

8  Application

High Court proceedings

(1)       The amendment of section 84A of the Native Title Act 1993 made by this Part applies in relation to:

                     (a)  any proceeding commenced after the commencement of this item; and

                     (b)  any proceeding commenced before the commencement of this item, if the proceeding has not been finally determined by the commencement of this item.

Consent determinations

(2)       The amendments of subsection 87(1) of the Native Title Act 1993 made by this Part apply in relation to any agreement the terms of which are filed with the Federal Court after the commencement of this item:

                     (a)  whether the relevant proceeding commenced before or after the commencement of this item; and

                     (b)  whether the Commonwealth Minister intervened before or after the commencement of this item.

(3)       The amendment of paragraph 87A(1)(c) of the Native Title Act 1993 made by this Part applies in relation to any proposed determination of native title a copy of the terms of which is filed with the Federal Court after the commencement of this item:

                     (a)  whether the relevant proceeding commenced before or after the commencement of this item; and

                     (b)  whether the Commonwealth Minister intervened before or after the commencement of this item.

Agreed statements of fact

(4)       Subsections 87(12) and 87A(13) of the Native Title Act 1993 , as inserted by this Part, apply in relation to any statement of facts a copy of which is filed with the Federal Court after the commencement of this item.

Part 2 -- Consent determinations

Native Title Act 1993

9  Paragraph 87A(1)(b)

Omit "included in", substitute "that is part of, but not all of,".

10  At the end of subsection 87A(1)

Add:

Note:          For agreements reached in relation to the whole of the area covered by the application, see section 87.

11  Application

The amendments of subsection 87A(1) of the Native Title Act 1993 made by this Part apply in relation to any proposed determination of native title a copy of the terms of which is filed with the Federal Court after the commencement of this item.