Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021 (F2021L00292)
Schedule 1 Amendments
Native Title (Prescribed Bodies Corporate) Regulations 1999
47 Subregulations 8(1) to (5)
Repeal the subregulations, substitute:
Consultation and consent required before a native title decision is made
(1) Before making a native title decision, a prescribed body corporate that:
(a) holds native title rights and interests in trust for the common law holders; or
(b) is an agent prescribed body corporate that has become a registered native title body corporate;
must consult and obtain consent in relation to the decision:
(c) if the decision is a high level decision - in accordance with this regulation; or
(d) if the decision is a low level decision - in accordance with this regulation or regulation 8A.
No need to consult or obtain consent in relation to a standing instructions decision if covered by approval
(2) However, the prescribed body corporate does not need to consult and obtain consent in relation to a standing instructions decision covered by an approval under subregulation (8).
Consultation and consent processes
(3) If there is a particular process of decision-making that, under the Aboriginal or Torres Strait Islander traditional laws and customs of:
(a) if the native title determination in relation to the prescribed body corporate identifies classes of common law holders - the classes of common law holders on whom the proposed native title decision would have an effect; or
(b) in any other case - the common law holders;
must be followed in relation to the giving of the consent mentioned in subregulation (1), the consent must be given in accordance with that process.
(4) If subregulation (3) does not apply, the consent must be given in accordance with the process of decision-making agreed to, or adopted, for the proposed native title decision, or for decisions of the same kind as that decision, by:
(a) if the native title determination in relation to the prescribed body corporate identifies classes of common law holders - the classes of common law holders on whom the proposed native title decision would have an effect; or
(b) in any other case - the common law holders.
Effect of failure to consult or obtain consent