Native Title Legislation Amendment Act 2021 (6 of 2021)

Schedule 2   Indigenous land use agreements

Part 2   Deregistration and amendment

Native Title Act 1993

7   At the end of Subdivision E of Division 3 of Part 2

Add:

24ED Amended agreements

(1) If the details of an agreement are entered on the Register of Indigenous Land Use Agreements, the agreement has effect, for the purposes of this Act, as if the agreement included any amendments of the agreement that:

(a) have been agreed to by the parties to the agreement; and

(b) have been notified to the Registrar in writing by the parties;

but only so far as the amendments:

(c) update property descriptions, but not so as to result in the inclusion of any area of land or waters not previously covered by the agreement; or

(d) update a description identifying a party to the agreement, including where a party has assigned or otherwise transferred rights or liabilities under the agreement; or

(e) do a thing specified in a legislative instrument made under subsection (3).

(2) If the details of an agreement are entered on the Register of Indigenous Land Use Agreements, the agreement has effect, for the purposes of this Act, as if it did not include any amendments other than those that have effect because of subsection (1).

Note: An application for registration of such an agreement as amended could be made under Subdivision B, C or D.

Instrument specifying a thing

(3) The Commonwealth Minister may, by legislative instrument, specify a thing that an amendment to an agreement may do for the purposes of paragraph (1)(e).