(1) The agreement must not be made unless there are registered native title bodies corporate in relation to all of the area.
(a) there is an approved determination of native title to the effect that native title does not exist in relation to part of the area; or
(b) part of the area was expressly excluded from the area covered by an approved determination of native title because of subsection 61A(2) (restrictions on making of certain applications);
it is not necessary for there to be a registered native title body corporate
for that part of the area in order to satisfy subsection (1).