Commonwealth Numbered Acts Commonwealth Numbered Acts1 Paragraph 24MD(6B)(f)
Repeal the paragraph, substitute:
(f) if:
(i) a claimant or body corporate objects, as mentioned in paragraph (d), to the doing of the act; and
(ii) 8 months after the notification mentioned in paragraph (c), the objection has not been withdrawn;
the Commonwealth, the State or the Territory must ensure that the objection is heard by an independent person or body; and
2 Subsection 141(2)
Repeal the subsection, substitute:
Right to negotiate applications
(2) The parties to an inquiry in relation to a right to negotiate application are the following:
(a) the Government party;
(b) the grantee parties;
(c) for an expedited procedure objection application--any native title party that has lodged an objection in accordance with subsection 32(3) and has not withdrawn the objection;
(d) for a future act determination application--the native title parties.
(2A) However, if:
(a) a native title party mentioned in paragraph (2)(c) (the original party ) is, at the time the objection is lodged, a registered native title claimant in relation to land or waters affected by the act to which the expedited procedure objection application relates; and
(b) the original party ceases to be a native title party; and
(c) a body corporate (the replacement party ) becomes a registered native title body corporate in relation to the land or waters;
the replacement party becomes a party to the inquiry in place of the original party.
3 Application
(1) The amendment of subsection 24MD(6B) of the Native Title Act 1993 made by this Part applies in relation to any objection under paragraph 24MD(6B)(d) of that Act:
(a) made after the commencement of this item; or
(b) made before that commencement unless, before that commencement:
(i) a request has been made in relation to the objection under paragraph 24MD(6B)(f) of that Act (as in force immediately before that commencement); or
(ii) the objection has been withdrawn.
(2) The amendment of section 141 of the Native Title Act 1993 made by this Part applies in relation to any right to negotiate application made after the commencement of this item.
Part 2 -- Section 31 agreements
4 At the end of subsection 25(2)
Add "However, in certain circumstances, the Commonwealth, State or Territory can limit its participation in negotiations if the other parties consent.".
5 After subsection 31(1)
Insert:
Government party does not need to participate in negotiations
(1A) Despite paragraph (1)(b), the Government party does not need to negotiate about matters that the Government party determines do not affect the Government party if the other negotiation parties give written consent.
(1B) However, the Government party must be a party to the agreement.
6 Subsection 36(2)
After "paragraph 31(1)(b)", insert "(other than as provided by subsections 31(1A) and (2))".
7 At the end of subsection 41A(1)
Add:
; and (c) advise the arbitral body whether or not there is any other written agreement made between some or all of the negotiation parties in connection with the doing of the act.
8 At the end of section 41A
Add:
(4) The arbitral body must give a copy of any agreement or advice the arbitral body receives under subsection (1) of this section to the Registrar.
9 After section 41A
Insert:
41B Access to information about agreements
Registrar must keep records
(1) The Registrar must keep a record in relation to each agreement of the kind mentioned in paragraph 31(1)(b) that the Registrar receives under subsection 41A(4).
(2) The record must include the following information in relation to the agreement (to the extent known to the Registrar):
(a) a description of the area of land or waters to which the agreement relates;
(b) the name of each party to the agreement and the address at which the party can be contacted;
(c) if the agreement specifies the period during which it will operate--that period;
(d) 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 the act to which the agreement relates.
Parties must notify Registrar of changes
(3) A party to the agreement must notify the Registrar in writing of any change to the information mentioned in subsection (2).
(4) The Registrar must update the records to reflect any changes notified under subsection (3).
Information from records may be made available
(5) The Registrar must make the information mentioned in subsection (2) available to a person on request.
(6) However, if a party to the agreement notifies the Registrar in writing that the party does not wish some or all of the information to be made available under subsection (5), the Registrar must not make available the information concerned.
(7) If a party to the agreement notifies the Registrar in accordance with subsection (6), the party must notify each other party to the agreement.
Expired agreements
(8) The Registrar does not need to keep a record, or provide information, in relation to an agreement that has expired.
10 After section 98
Insert:
98AA Powers of Registrar--records of section 31 agreements
The Registrar has the powers set out in section 41B in relation to records of agreements of the kind mentioned in paragraph 31(1)(b).
11 Subparagraph 215(2)(aa)(i)
After "section", insert "41B or".
12 Application
(1) Subsection 31(1A) of the Native Title Act 1993 , as inserted by this Part, applies in relation to negotiations commencing before or after the commencement of this item.
(2) Subsection 31(1B) and sections 41B and 98AA of the Native Title Act 1993 , as inserted by this Part, apply in relation to any agreement of the kind mentioned in paragraph 31(1)(b) of that Act made after the commencement of this item.
(3) The amendments of section 41A of the Native Title Act 1993 made by this Part apply in relation to any agreement of the kind mentioned in paragraph 31(1)(b) of that Act made after the commencement of this item.
(4) The amendment of section 215 of the Native Title Act 1993 made by this Part does not affect the continuity of regulations that were made for the purposes of that section and were in force immediately before the commencement of this item.
13 After section 209
Insert:
209A Evaluation of amendments made by the Native Title Legislation Amendment Act 202 1
(1) Before the end of the period of 5 years after the commencement of Schedule 6 to the Native Title Legislation Amendment Act 2021 , the Commonwealth Minister must cause to be conducted an evaluation of the operation of the amendments made by that Act.
(2) The Commonwealth Minister must cause to be prepared a report of an evaluation under subsection (1).
(3) The Commonwealth Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.