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1994 No. 440 NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS - REG 7
Evidence of consent and consultation
7. (1) If, under its Rules, a decision cannot be made, or an act cannot be
undertaken, by a registered native title body corporate unless the common law
holders are consulted and consent to the decision or act is obtained in
accordance with the Rules, the Rules are taken to have been complied with if a
document:
(a) certifies that the common law holders have been consulted about the
act or decision and have consented in the manner required by the
Rules; and
(b) is signed by at least 5 members of the registered native title body
corporate.
(2) If, under these Regulations or its Rules, a decision cannot be made, or an
act cannot be undertaken, by a registered native title body corporate unless:
(a) a representative Aboriginal/Torres Strait Islander body is consulted;
and
(b) its views in relation to the decision or act are considered; these
Regulations or the Rules (as the case requires) are taken to have been
complied with if:
(c) a document that certifies that a representative Aboriginal/Torres
Strait Islander body for the area concerned has been consulted about
the act or decision and its views have been considered in the manner
required by these Regulations or the Rules is signed by at least 5
members of the registered native title body corporate; and
(d) a document that certifies that the representative Aboriginal/Torres
Strait Islander body has been consulted by the registered native title
body corporate is signed by an authorised member of the representative
Aboriginal/Torres Strait Islander body.
(3) If a registered native title body corporate has made a decision or agreed
to undertake an act referred to in this regulation, the registered native
title body corporate must make a copy of any document referred to in this
regulation that relates to the act or decision available to a person who:
(a) makes a request, in writing, to the registered native title body
corporate for a copy of the document; and
(b) has a substantial interest in the decision or act to which the
document relates.
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