Native Title Legislation Amendment Act 2021 (6 of 2021)

Schedule 1   Role of the applicant

Part 1   Authorisation

Native Title Act 1993

23   After section 251B

Insert:

251BA Conditions on authority

(1) The persons who authorise:

(a) the making of an indigenous land use agreement under section 251A; or

(b) a person or persons to make a native title determination application or a compensation application, and to deal with matters arising in relation to it, under section 251B;

may impose conditions on the authority.

(2) The conditions must be imposed:

(a) where there is a process of decision-making that, under the traditional laws and customs of the persons, must be complied with in relation to authorising things of that kind - in accordance with that process; or

(b) where there is no such process - in accordance with a process of decision-making agreed to and adopted, by the persons, in relation to authorising things of that kind.

Note: Consequences of a failure to comply with a condition may include:

(a) replacement of the applicant (see subparagraph 66B(1)(a)(iv)); and

(b) a Federal Court order (see section 84D).

(3) A person or persons authorised to make an application under section 61 must seek leave to amend the application to reflect any imposition, variation or revocation of conditions on the authority that occurs after the application is made.