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ABORIGINAL HERITAGE ACT 2006 - SECT 151

Determination of application for registration

S. 151(1) amended by No. 11/2016 s. 92(1).

    (1)     The Council must determine an application for registration as a registered Aboriginal party within 270 days after receiving the application.

S. 151(1A) inserted by No. 11/2016 s. 92(2).

    (1A)     The Council may determine the application for a part of the area in respect of which the application is made before determining the application for the whole of the area.

S. 151(2) substituted by No. 11/2016 s. 92(3).

    (2)     If an applicant for registration is a registered native title holder for an area in respect of which there is a native title agreement, and the area in respect of which the application is made is within the external perimeter of the area described in the agreement—

        (a)     the Council must register the applicant as the registered Aboriginal party for the area in respect of which the application is made; and

        (b)     no other applicant can be registered for the area in respect of which the application is made, except another registered native title holder.

S. 151(2A) inserted by No. 62/2010 s. 93, substituted by No. 11/2016 s. 92(4).

    (2A)     If an applicant for registration is a traditional owner group entity for an area in respect of which the entity has entered into a recognition and settlement agreement, and the area in respect of which the application is made is within the external perimeter of the area described in the agreement—

        (a)     the Council must register the applicant as the registered Aboriginal party for the area in respect of which the application is made; and

        (b)     no other applicant can be registered for the area in respect of which the application is made, except a registered native title holder.

    (3)     Subject to subsection (2), in determining an application, the Council must take the following into account—

        (a)     whether the applicant is a native title party for the area to which the application relates;

        (b)     the terms of any native title agreement that the parties to that agreement agree to make available to the Council;

S. 151(3)(c) amended by No. 11/2016 s. 92(5).

        (c)     whether the applicant is a body representing the traditional owners of the area to which the application relates;

        (d)     whether the applicant is a body representing Aboriginal people that has—

              (i)     a historical or contemporary interest in the Aboriginal cultural heritage relating to the area to which the application relates; and

              (ii)     demonstrated expertise in managing and protecting Aboriginal cultural heritage in that area;

        (e)     the existence of any grant of land in fee simple made by the State or the Commonwealth to an Aboriginal body under a specific power in a State or Commonwealth Act.

        (f)     whether the applicant has entered into an agreement with the State in relation to land and natural resource management in the area to which the application relates;

        (g)     any other matter that the Council considers to be relevant.

    (4)     In determining an application, the Council must be satisfied that the applicant is a body corporate.

    (5)     In determining an application, the Council may—

        (a)     request further information from the applicant; and

        (b)     obtain assistance from any person that the Council considers has relevant knowledge or expertise.

    (6)     The Council may ask the Secretary to assist the applicant to produce a map of the boundaries of the area to which the application relates.

S. 151(7) inserted by No. 11/2016 s. 92(6).

    (7)     The Council must not approve an application for registration as a registered Aboriginal party if the applicant is not a traditional owner group entity and there exists a traditional owner group entity for the area to which the application relates.

S. 151(8) inserted by No. 11/2016 s. 92(6).

    (8)     The Council may approve an application referred to in subsection (7) with the written consent of the traditional owner group entity for the area.

S. 151(9) inserted by No. 11/2016 s. 92(6).

    (9)     The Council may, in writing, ask the applicant for any additional information that the Council reasonably thinks necessary to assist its decision.

S. 151(10) inserted by No. 11/2016 s. 92(6).

    (10)     The period referred to in subsection (1)—

        (a)     ceases to run when the Council asks for additional information under subsection (9); and

        (b)     recommences to run when the information is provided to the Council.



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