Native Title Legislation Amendment Act 2021 (6 of 2021)

Schedule 1   Role of the applicant

Part 2   Applicant decision making

Native Title Act 1993

27   After subsection 24CD(2)

Insert:

(2A) The requirement that all registered native title claimants in relation to land or waters in the area be parties to the agreement is satisfied if, for each of those registered native title claimants:

(a) a majority of the persons who comprise the registered native title claimant are parties to the agreement, unless paragraph (b) applies; or

(b) if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement - those persons are parties to the agreement.

(2B) The persons in the majority must notify the other persons who comprise the registered native title claimant within a reasonable period after becoming parties to the agreement as mentioned in paragraph (2A)(a). A failure to comply with this subsection does not invalidate the agreement.