Commonwealth Numbered Regulations

NATIVE TITLE (INDIGENOUS LAND USE AGREEMENTS) REGULATIONS 1998 1998 No. 286 - REG 5

(1) An application for registration of an area agreement must be accompanied
by the documents and information mentioned in this regulation. Note An
application must also be accompanied by a copy of the agreement (see the Act,
s 24CG (2)).

(2) The documents are:

   (a)  a statement by each party to the agreement, signed by or for the
        party, that the party agrees to the application being made; and

   (b)  a copy of each determination of native title, for the area covered by
        the agreement, for each party to the agreement that is a registered
        native title body corporate; and

   (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; and

   (d)  a copy of the certification, mentioned in paragraph 24CG (3) (a) of
        the Act, that relates to the agreement. Note If the application is not
        certified as mentioned in paragraph 24CG (3) (a) of the Act, it must
        include the statements mentioned in paragraph 24CG (3) (b) of the Act.

(3) The information is:

   (a)  the name of each party to the agreement and the address at which the
        party can be contacted; and

   (b)  a statement identifying each party that is a representative body; and

   (c)  whether the Commonwealth, a State or Territory is a party; and

   (d)  for the area covered by the agreement:

        (i)    a description; and

        (ii)   if it would assist in identification, a map; and

   (e)  if the agreement specifies the period during which it will operate -
        that period; and

   (f)  if the agreement provides that the parties consent to the doing of a
        particular future act or class of acts, whether or not subject to
        conditions - a statement to that effect identifying the act or class
        of acts; and

   (g)  if the agreement provides 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 an act - a statement to that effect identifying each act
        to which the Subdivision is not intended to apply; and

   (h)  if the agreement provides that the surrender of any native title is
        intended to extinguish the native title rights and interests - a
        statement to that effect identifying the area in relation to which
        native title is to be surrendered; and

        (i)    if the agreement provides that the parties agree to the
               validating of a particular future act or class of acts - a
               statement to that effect identifying the act or class of acts;
               and

   (j)  if the agreement provides that the parties agree to changing the
        effects on native title of an intermediate period act or class of acts
        - a statement to that effect identifying the act or class of acts; and

   (k)  if:

        (i)    there is a representative body for any of the area covered by
               the agreement; and

        (ii)   no representative body is a party to the agreement - a
               statement by a party who is a member of the native title group
               whether any member of the native title group has informed a
               representative body for any of the area covered by the
               agreement of its intention to enter into the agreement; and
               Note For the meaning of native title group, see the Act, s
               24CD.

   (l)  a statement briefly setting out the grounds on which the parties
        believe that the agreement is an agreement to which Subdivision C of
        Division 3 of Part 2 of the Act applies.