Native Title Legislation Amendment Act 2021 (6 of 2021)

Schedule 1   Role of the applicant

Part 2   Applicant decision making

Native Title Act 1993

35   After subsection 24CL(2)

Insert:

(2A) The requirement that an applicant who is or becomes a registered native title claimant be a party to the agreement is satisfied if:

(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.