Native Title Legislation Amendment Act 2021 (6 of 2021)

Schedule 6   Other procedural changes

Part 2   Section 31 agreements

Native Title Act 1993

9   After section 41A

Insert:

41B Access to information about agreements

Registrar must keep records

(1) The Registrar must keep a record in relation to each agreement of the kind mentioned in paragraph 31(1)(b) that the Registrar receives under subsection 41A(4).

(2) The record must include the following information in relation to the agreement (to the extent known to the Registrar):

(a) a description of the area of land or waters to which the agreement relates;

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

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

(d) whether or not there is any other written agreement made between some or all of the parties to the agreement in connection with the doing of the act to which the agreement relates.

Parties must notify Registrar of changes

(3) A party to the agreement must notify the Registrar in writing of any change to the information mentioned in subsection (2).

(4) The Registrar must update the records to reflect any changes notified under subsection (3).

Information from records may be made available

(5) The Registrar must make the information mentioned in subsection (2) available to a person on request.

(6) However, if a party to the agreement notifies the Registrar in writing that the party does not wish some or all of the information to be made available under subsection (5), the Registrar must not make available the information concerned.

(7) If a party to the agreement notifies the Registrar in accordance with subsection (6), the party must notify each other party to the agreement.

Expired agreements

(8) The Registrar does not need to keep a record, or provide information, in relation to an agreement that has expired.