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This is a Bill, not an Act. For current law, see the Acts databases.


NATIVE TITLE (STATE PROVISIONS) BILL 1999

                           Western Australia



       Native Title (State Provisions) Bill 1999


                              CONTENTS



                      Part 1 -- Preliminary
1.1.      Short title                                               2
1.2.      Commencement                                              2
1.3.      Objects                                                   3
1.4.      Act binds the Crown                                       3
1.5.      Interpretation                                            3
1.6.      Performance of certain functions on behalf of Minister    6
1.7.      Replacement of person as objector etc.                    6
1.8.      Objector ceasing to be a registered native title
          claimant                                                  7
           Part 2 -- Consultation procedures for
                 alternative provision areas
                      Division 1 -- Preliminary
2.1.      Definitions                                               8
2.2.      Request for determination under section 43A of the
          NTA                                                       9
2.3.      Transitional provisions                                   9
2.4.      Object of this Part                                       9
        Division 2 -- Relevant future acts and their validity
2.5.      Acts to which this Part applies                          10
2.6.      Circumstances in which act is not valid                  10


                                                                   page i


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Native Title (State Provisions) Bill 1999



Contents


   2.7.     Part 3 may be applied to a Part 2 act                12
   2.8.     Other statutory requirements not affected            12
                  Division 3 -- Notices and objections
   2.9.     Proponent where act relates to mining                13
   2.10.    Identification of proponents in other cases          13
   2.11.    Closing day for objections                           14
   2.12.    Notification of acts                                 14
   2.13.    Further provision as to notices                      14
   2.14.    Who gives notice                                     15
   2.15.    Prescribed provisions about notice                   16
   2.16.    Right to object to doing of act                      16
   2.17.    Requirements for objections                          17
   2.18.    Time limit                                           17
   2.19.    Government party to notify the Commission of
            objections                                           18
   2.20.    Withdrawal of request etc. by proponent              18
   2.21.    Withdrawal of proposal by Government party           19
               Division 4 -- Consultation and agreements
   2.22.    Meaning of "consultation parties"                    19
   2.23.    Consultation                                         20
   2.24.    Involvement of Commission, including mediation       20
   2.25.    Withdrawal of objection                              21
   2.26.    Agreement made by parties                            21
           Division 5 -- Recommendations of the Commission
   2.27.    Commission may notify intention to hear              21
   2.28.    Consultations may continue                           22
   2.29.    Dismissal of objections                              23
   2.30.    Time for making recommendation                       23
   2.31.    No recommendation if agreement etc.                  24
   2.32.    Making of recommendation                             24
   2.33.    Criteria for making recommendations                  25
   2.34.    Issues on which parties agree                        25
   2.35.    Copy of recommendation to be given                   26
   2.36.    Effect of recommendation                             26
   2.37.    Effect of recommendation that specifies conditions   26



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                                                                   Contents



          Division 6 -- Overruling of recommendations
2.38.     Responsible Minister may overrule a recommendation           27
2.39.     Determinations that responsible Minister may make            27
2.40.     Consultation before making of determination                  28
2.41.     Ground on which determination may be made                    29
2.42.     Conditions in determination                                  30
2.43.     Responsible Minister may declare intention not to
          overrule                                                     30
                      Division 7 -- Applications
2.44.     Definition                                                   31
2.45.     Form and contents of application                             31
2.46.     Material and fees to accompany applications                  31
2.47.     Application fee may be waived                                31
                     Division 8 -- Judicial review
2.48.     Application for review                                       31
2.49.     Time limit for application                                   32
2.50.     Procedure                                                    33
2.51.     Grounds on which application may be made                     33
2.52.     Powers of Court                                              33
2.53.     Effect on other remedies                                     33
        Part 3 -- Right to negotiate procedures for
               areas not covered by Part 2
                      Division 1 -- Preliminary
3.1.      Request for determination under section 43(1)(b) of
          the NTA                                                      34
3.2.      Transitional provisions                                      34
3.3.      Object of this Part                                          34
        Division 2 -- Relevant future acts and their validity
3.4.      Acts to which this Part applies                              35
3.5.      Circumstances in which act is not valid                      35
3.6.      Other statutory requirements not affected                    37
                Division 3 -- Notices and objections
3.7.      Proponent where act relates to mining                        37
3.8.      Identification of proponents in other cases                  38


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Native Title (State Provisions) Bill 1999



Contents


   3.9.     Closing day for objections                           38
   3.10.    Notification of acts                                 39
   3.11.    Further provision as to notices                      39
   3.12.    Notice may relate to 2 or more acts                  41
   3.13.    Who gives notice                                     41
   3.14.    Prescribed provisions about notice                   41
   3.15.    Right to object to doing of act                      42
   3.16.    Requirements for objections                          42
   3.17.    Time limit                                           42
   3.18.    Government party to notify the Commission of
            objections                                           43
   3.19.    Withdrawal of request etc. by proponent              43
   3.20.    Withdrawal of proposal by Government party           44
               Division 4 -- Negotiations and agreements
   3.21.    Meaning of "negotiation parties"                     44
   3.22.    Negotiations                                         45
   3.23.    Involvement of Commission, including mediation       47
   3.24.    Withdrawal of objection                              47
   3.25.    Agreement made by parties                            47
   3.26.    Commission's function in respect of an agreement     48
   3.27.    Effect of conditional agreement                      48
                     Division 5 -- Determinations
           Subdivision 1 -- Ministerial determination where
           Commission determination unreasonably delayed
   3.28.    Responsible Minister may give Commission notice as
            to urgency                                           49
   3.29.    Responsible Minister may make determination          50
   3.30.    Grounds for making determination                     51
   3.31.    Consultation with Commonwealth Minister              51
   3.32.    Notice and submissions etc.                          51
   3.33.    Material etc. taken into account                     53
   3.34.    Minister's power not limited                         53
   3.35.    No duty to make determination                        53
   3.36.    Conditions to have contractual effect                54
   3.37.    Copy of determination to be given                    54
   3.38.    Copy of determination to be laid before Parliament   55


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                                                                   Contents



          Subdivision 2 -- Determination by Commission
3.39.     Commission may notify intention to hear                      55
3.40.     Negotiations may continue                                    57
3.41.     Dismissal of objections                                      57
3.42.     Time for making determination                                57
3.43.     No determination if agreement etc.                           58
3.44.     Making of determination                                      58
3.45.     Criteria for making determinations                           59
3.46.     Issues on which parties agree                                60
3.47.     Determination may provide for issues to be resolved
          later                                                        61
3.48.     No reopening of certain issues previously decided            61
3.49.     Copy of determination to be given                            62
3.50.     Effect of conditional determination                          62
             Division 6 -- Overruling of Commission's
                          determination
3.51.     Responsible Minister may overrule                            63
3.52.     Declarations that responsible Minister may make              63
3.53.     Grounds on which declaration may be made                     64
3.54.     Conditions in declaration                                    65
3.55.     Responsible Minister may declare intention not to
          overrule                                                     65
                      Division 7 -- Applications
3.56.     Definition                                                   66
3.57.     Form and contents of application                             66
3.58.     Material and fees to accompany applications                  66
3.59.     Application fee may be waived                                66
        Part 4 -- Consultation procedures for acts to
        which section 24MD(6B) of the NTA applies
                      Division 1 -- Preliminary
4.1.      Object of this Part                                          67
4.2.      Acts to which this Part applies                              67
4.3.      Requirements to be satisfied before a Part 4 act is
          done                                                         67
4.4.      Other statutory requirements not affected                    69

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Native Title (State Provisions) Bill 1999



Contents



                  Division 2 -- Notices and objections
   4.5.     Proponent where act relates to mining                69
   4.6.     Identification of proponents in other cases          69
   4.7.     Closing day for objections                           70
   4.8.     Notification of acts by Government party             70
   4.9.     Further provision as to notices                      71
   4.10.    Prescribed provisions about notice                   71
   4.11.    Right to object to doing of act                      72
   4.12.    Requirements for objections                          72
   4.13.    Time limit                                           73
   4.14.    Government party to notify the Commission of
            objections                                           73
   4.15.    Withdrawal of request etc. by proponent              73
   4.16.    Withdrawal of proposal by Government party           74
               Division 3 -- Consultation and agreements
   4.17.    Meaning of "consultation parties"                    74
   4.18.    Consultation                                         75
   4.19.    Involvement of Commission, including mediation       75
   4.20.    Withdrawal of objection                              76
   4.21.    Agreement made by parties                            76
           Division 4 -- Recommendations of the Commission
   4.22.    Commission may notify intention to hear              76
   4.23.    Consultations may continue                           77
   4.24.    Dismissal of objections                              78
   4.25.    Time for making recommendation                       78
   4.26.    No recommendation if agreement etc.                  78
   4.27.    Making of recommendation                             79
   4.28.    Criteria for making recommendations                  79
   4.29.    Issues on which parties agree                        80
   4.30.    Copy of recommendation to be given                   80
   4.31.    Effect of recommendation                             80
   4.32.    Effect of recommendation that specifies conditions   80
             Division 5 -- Overruling of recommendations
   4.33.    Responsible Minister may overrule a recommendation   81
   4.34.    Determinations that responsible Minister may make    81
   4.35.    Consultation before making of determination          82


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                                                                   Contents


4.36.     Ground on which determination may be made                    83
4.37.     Conditions in determination                                  84
4.38.     Responsible Minister may declare intention not to
          overrule                                                     84
                       Division 6 -- Applications
4.39.     Definition                                                   85
4.40.     Form and contents of application                             85
4.41.     Material and fees to accompany applications                  85
4.42.     Application fee may be waived                                85
                Part 5 -- Provisions relating to
                        compensation
                       Division 1 -- Preliminary
5.1.      Definition                                                   86
           Division 2 -- Determination of compensation
5.2.      Commission to determine compensation for certain
          acts                                                         86
5.3.      Enforcement of order for compensation                        88
            Division 3 -- Principles to be applied in the
                  determination of compensation
5.4.      No multiple compensation for essentially same act            89
5.5.      Compensation principles to be as for ordinary title          89
5.6.      Compensation to be monetary                                  89
5.7.      Requests for non-monetary compensation                       89
        Division 4 -- Determination of amounts to be held in
                trust and payment of those amounts
5.8.      Conditions for payment of amounts to be held in trust        90
5.9.      How amounts held in trust to be dealt with                   91
5.10.     Section 5.9(a) or (b) cases                                  92
5.11.     Section 5.9(c) cases                                         92
5.12.     Section 5.9(d) cases where monetary compensation             92
5.13.     Section 5.9(d) cases where non-monetary
          compensation                                                 93
5.14.     Section 5.9(d) cases where no compensation                   93



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Native Title (State Provisions) Bill 1999



Contents


   5.15.      Section 5.9(e) cases                                   94
   5.16.      Jurisdiction of the Commission under this Division     94
                  Part 6 -- Native Title Commission
                   Division 1 -- Commission established
   6.1.       Establishment of Commission                           95
   6.2.       Functions of Commission                               95
   6.3.       Requirements for fairness etc. to be observed         95
   6.4.       Membership of the Commission                          95
   6.5.       Eligibility for appointment as Chief Commissioner     96
   6.6.       Appointment of member of NNTT                         96
   6.7.       Qualifications for appointment                        96
   6.8.       Ordinary members, notice of proposed appointment      97
   6.9.       Administrative functions of Chief Commissioner        98
   6.10.      Authorization of Chief Commissioner for purposes of
              section 199F of the NTA                               98
   6.11.      Delegation to members                                 98
   6.12.      Other provisions relating to members                  98
                   Division 2 -- Staff of the Commission
   6.13.      Use of government staff etc.                           99
   6.14.      Consultants                                            99
                 Division 3 -- Operation of Commission
            Subdivision 1 -- How Commission to be constituted
   6.15.      General position                                      100
   6.16.      Constitution of Commission for the performance of
              certain functions                                     100
   6.17.      Concurrent operations                                 101
                Subdivision 2 -- Arrangement of business
   6.18.      Arrangement of business of the Commission             101
   6.19.      Unavailability of member                              101
   6.20.      Completion of part-heard proceedings                  102
                          Subdivision 3 -- Hearings
   6.21.      Commission to hold hearings                           102
   6.22.      Commission may determine whether matters are to be
              grouped together                                      102


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                                                                Contents


6.23.   Opportunity to make submissions                           103
6.24.   Questions to be decided by majority                       103
6.25.   Representation before Commission                          103
6.26.   Participation by telephone, etc.                          103
6.27.   Hearings normally to be public                            103
          Subdivision 4 -- Evidence and information
6.28.   Evidence and findings of other bodies                     104
6.29.   Commission may prohibit disclosure of evidence            104
6.30.   Power of Commission to summon                             105
6.31.   Power of Commission to take evidence                      105
6.32.   Power of the Commission to require answers                105
6.33.   Commission may authorize another person to take
        evidence                                                  106
6.34.   Interpreters                                              106
6.35.   Retention and copying of documents                        106
            Subdivision 5 -- Recommendations and
                        determinations
6.36.   Recommendations and determinations                        106
               Division 4 -- Financial provisions
6.37.   Funds for carrying out this Act                           107
6.38.   Native Title Commission Account                           107
6.39.   Application of Financial Administration and Audit
        Act 1985                                                  108
                        Division 5 -- General
6.40.   Communication of information in certain cases             108
6.41.   Reference of question of law to the Supreme Court         108
6.42.   Offences                                                  109
6.43.   Disclosure of interests                                   110
6.44.   Protection of members and persons appearing before
        the Commission                                            110
6.45.   Confidentiality                                           111
                  Part 7 -- Miscellaneous
7.1.    Regulations                                               113
7.2.    Review of Act                                             113



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Native Title (State Provisions) Bill 1999



Contents


   7.3.      Consequential amendments                              113
   7.4.      Transitional provisions                               113

                Schedule 1 -- Provisions relating to
                   members of the Commission
   1.        Term of office                                        115
   2.        Remuneration, allowances and conditions of service    115
   3.        Oath or affirmation of office                         115
   4.        Leave of absence                                      116
   5.        Resignation                                           116
   6.        Termination of appointment of NNTT member             116
   7.        Termination of appointment of member for
             bankruptcy etc.                                       116
   8.        Suspension by Governor and termination                116
   9.        Termination on address of both Houses of Parliament   117
            Schedule 2 -- Consequential amendments
           Division 1 -- Acts Amendment (Land Administration,
                     Mining and Petroleum) Act 1998
   1.        The Act amended                                       118
   2.        Section 2 amended                                     118
   3.        Sections 4 and 7 repealed                             118
           Division 2 -- Constitution Acts Amendment Act 1899
   4.        Schedule V amended                                    118
            Division 3 -- Financial Administration and Audit
                              Act 1985
   5.        Schedule 1 amended                                    119
               Division 4 -- Land Administration Act 1997
   6.        The Act amended                                       119
   7.        Section 6A inserted                                   119
   8.        Section 151 amended                                   120
   9.        Section 152A inserted                                 121
   10 .      Section 153 amended                                   121
   11 .      Section 154 amended                                   122
   12 .      Section 156 amended                                   122
   13 .      Section 157 amended                                   123

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                               Native Title (State Provisions) Bill 1999



                                                               Contents


14 .   Section 158 repealed                                      123
15 .   Section 162 amended                                       123
16 .   Section 163 amended                                       123
17 .   Section 170 amended                                       124
18 .   Section 175 amended                                       124
19 .   Section 176 amended                                       124
20 .   Section 182 amended                                       124
21 .   Section 183 amended                                       125
22 .   Section 184 amended                                       125
23 .   Section 185 amended                                       125
24 .   Section 186 amended                                       125
25 .   Section 207 amended                                       126
26 .   Section 212 amended                                       126
27 .   Section 214 amended                                       126
28 .   Section 216 amended                                       127
29 .   Section 217 amended                                       127
30 .   Section 221 amended                                       128
31 .   Section 223 amended                                       128
32 .   Section 224 amended                                       129
33 .   Section 241 amended                                       129
                Division 5 -- Mining Act 1978
34 .   The Act amended                                           130
35 .   Section 19 amended                                        130
36 .   Section 39A inserted                                      131
37 .   Section 49 amended                                        131
38 .   Section 56 amended                                        132
39 .   Section 56AA inserted                                     132
40 .   Section 67 amended                                        133
41 .   Section 70AA inserted                                     133
42 .   Section 70L amended                                       134
43 .   Section 70O inserted                                      134
44 .   Section 75 amended                                        135
45 .   Section 85C inserted                                      135
46 .   Section 90A inserted                                      136




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Contents



           Division 6 -- Parliamentary Commissioner Act 1971
   47 .     Schedule 1 amended                                136
                    Division 7 -- Petroleum Act 1967
   48 .     The Act amended                                   137
   49 .     Section 5 amended                                 137
   50 .     Section 11 amended                                137
   51 .     Section 28B inserted                              138
   52 .     Section 48AA inserted                             138
   53 .     Section 48L inserted                              139
   54 .     Section 105 amended                               139
   55 .     Section 106 amended                               139
   56 .     Section 116 amended                               140
               Division 8 -- Petroleum Pipelines Act 1969
   57 .     The Act amended                                   140
   58 .     Section 10A inserted                              140
   59 .     Section 19 amended                                141
              Schedule 3 -- Transitional provisions
             Division 1 -- Existing applications for mining
                              tenements
   1.       Definition                                        142
   2.       Regulations may modify certain provisions         142
   3.       Programme for dealing with existing mining
            applications                                      142
                Division 2 -- Matters in progress under
                     section 24MD(6B) of the NTA
   4.       Definition                                        143
   5.       Regulations may make transitional provisions      143
                      Defined terms in this Act
                      Defined terms in the NTA




page xii
                           Western Australia



                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


      Native Title (State Provisions) Bill 1999


                               A Bill for


An Act to make --
      •    alternative provisions to those contained in Part 2
          Division 3 Subdivision P of the Native Title Act 1993 of the
          Commonwealth, in accordance with sections 43 and 43A
          of that Act;
      •    provisions that are supplementary to those in
          section 24MD(6B) of that Act; and
      •    provision for delegations in respect of the State under
          section 199F of that Act,
to consequentially amend certain Acts, and for related purposes.


The Parliament of Western Australia enacts as follows:




                                                                page 1
     Native Title (State Provisions) Bill 1999
     Part 1           Preliminary

     s. 1.1



                            Part 1 -- Preliminary
     1.1.     Short title
              This Act may be cited as the Native Title (State Provisions)
              Act 1999.

 5   1.2.     Commencement
        (1)   Subject to this section, this Act comes into operation on the day
              on which it receives the Royal Assent.
        (2)   The provisions of Part 4, Divisions 1, 2 and 3 of Part 5, and Part
              6 come into operation --
10              (a) on such day as is fixed by proclamation; or
                (b) on such days as are respectively so fixed.
        (3)   Part 2, other than section 2.2, comes into operation on the day
              ("the Part 2 commencement day") on which a determination
              under section 43A of the NTA in relation to that Part comes into
15            force.
        (4)   Part 3, other than section 3.1, comes into operation on the day
              ("the Part 3 commencement day") on which a determination
              under section 43 of the NTA in relation to that Part comes into
              force.
20      (5)   Division 4 of Part 5 comes into operation on the Part 3
              commencement day.
        (6)   Section 7.3 comes into operation on --
               (a) the Part 2 commencement day;
               (b) the Part 3 commencement day; or
25             (c) the day on which Part 4 commences,
              whichever is the earliest or, if those days are the same day, on
              that day.

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                                                 Native Title (State Provisions) Bill 1999
                                                              Preliminary           Part 1

                                                                                            s. 1.3



        (7)    The Minister is to cause notice of each of the Part 2
               commencement day and the Part 3 commencement day to be
               published in the Gazette as soon as it is reasonably practicable
               for the Minister to do so.

 5   1.3.      Objects
               The objects of this Act are those set out in --
                (a) sections 2.4 and 3.3 (which relate to State alternative
                      provisions for the purposes of sections 43 and 43A of
                      the NTA);
10              (b) section 4.1 (which relates to State provisions
                      supplementary to section 24MD(6B) of the NTA); and
                (c) section 6.10 (which relates to the delegation of powers
                      to the Chief Commissioner under section 199F of the
                      NTA).

15   1.4.      Act binds the Crown
               This Act binds the Crown --
                (a) in right of Western Australia; and
                (b) so far as the legislative power of the Parliament permits,
                      in all its other capacities.

20   1.5.      Interpretation
        (1)    In this Act the Native Title Act 1993 of the Commonwealth is
               referred to as the NTA.
        (2)    A word or expression used in this Act has the same meaning as
               it has in the NTA unless --
25                (a) this Act gives it another meaning; or
                  (b) the contrary intention appears in some other way.
        Note: A list of words and expressions used in this Act and defined in the NTA is attached to
              this Act. The list shows where in the NTA each definition can be found.


                                                                                            page 3
     Native Title (State Provisions) Bill 1999
     Part 1           Preliminary

     s. 1.5



        (3)   The expression "Commonwealth Minister" when used in this
              Act in relation to a provision of the NTA has the same meaning
              as it has in that provision.
        (4)   In this Act, unless the contrary intention appears --
 5            "Chief Commissioner" means the person appointed as such
                  under section 6.4(2);
              "closing day", in relation to a Part 2 act, a Part 3 act or a Part 4
                  act, means --
                   (a) the day fixed under section 2.11, 3.9 or 4.7 for the
10                      lodgment of objections to the doing of the act; or
                   (b) the later day fixed under section 2.18(2), 3.17(2) or
                        4.13(2) for that purpose,
                  as the case may require;
              "Commission" means the body established by section 6.1;
15            "consultation parties" has the meaning given by section 2.22
                  or 4.17, as the case may require;
              "Government party" means the person who has power to do,
                  on behalf of the State, an act of the kind referred to in
                  section 2.5, 3.4 or 4.2, as the case may require;
20            "member" means a member of the Commission and includes
                  the Chief Commissioner;
              "negotiation parties" has the meaning given by section 3.21;
              "objector" means a person who has made an objection under
                  section 2.16, 3.15 or 4.11, as the case may require, that has
25                not been withdrawn or dismissed;
              "ordinary member" means a member of the Commission other
                  than the Chief Commissioner;
              "Part 2 act" has the meaning given by section 2.5;
              "Part 3 act" has the meaning given by section 3.4 and includes
30                an act to which section 2.7 applies;

     page 4
                                      Native Title (State Provisions) Bill 1999
                                                   Preliminary           Part 1

                                                                          s. 1.5



           "Part 4 act" has the meaning given by section 4.2;
           "proponent" means a person who is a proponent under
                section 2.9, 2.10, 3.7, 3.8, 4.5 or 4.6, as the case may
                require;
 5         "recommendation" means a recommendation of the
                Commission under section 2.32 or 4.27, as the case may
                require;
           "registered native title rights and interests" means --
                (a) where the person to whom the expression refers is a
10                    registered native title claimant, the native title rights
                      and interests described in the relevant entry on the
                      Register of Native Title Claims; and
                (b) where the person to whom the expression refers is a
                      registered native title body corporate, the native title
15                    rights and interests described in the relevant entry on
                      the National Native Title Register;
           "relevant land" --
                (a) in Parts 2 and 4, means the land or waters to which
                      the Part 2 act or the Part 4 act concerned relates;
20              (b) in Part 3, means the land or waters that would be
                      affected by the Part 3 act concerned if it were done;
                      and
                (c) in section 5.2(1), has the meaning specified in
                      paragraph (a) or (b) that is appropriate to the act
25                    concerned;
           "responsible Minister", in relation to a Part 2 act, a Part 3 act
                or a Part 4 act, means the Minister responsible for the
                administration of the Act under which the act would be
                done.
30   (5)   To avoid doubt it is declared that references in this Act to
           "written law" are to a written law of the State.

                                                                          page 5
     Native Title (State Provisions) Bill 1999
     Part 1           Preliminary

     s. 1.6



        (6)   Notes in this Act are provided to assist understanding and do not
              form part of the Act.

     1.6.     Performance of certain functions on behalf of Minister
        (1)   Where a Government party is a Minister of the Crown the
 5            consultation or negotiation functions of the Government party
              under Part 2, 3, or 4 may be performed on behalf of the
              Government party by any official authorized by the Government
              party for that purpose, whether generally or for any particular
              case.
10      (2)   Nothing in this Act is to be read as preventing the exercise by a
              Government party of a power of delegation conferred by a
              written law.

     1.7.     Replacement of person as objector etc.
        (1)   If --
15              (a)   a person becomes a registered native title claimant
                      because the person replaces another person as the
                      applicant in relation to a native title determination
                      application under section 61 of the NTA; and
                (b)   the other person is an objector, a consultation party or a
20                    negotiation party,
              the first-mentioned person also replaces the other person in his
              or her capacity referred to in paragraph (b).
        (2)   If --
                (a)   a registered native title claimant in relation to a
25                    determination application under section 61 of the NTA
                      is an objector, a consultation party or a negotiation party
                      in relation to an act; and




     page 6
                                      Native Title (State Provisions) Bill 1999
                                                   Preliminary           Part 1

                                                                         s. 1.8



             (b)    as a result of a determination of an application under
                    that section a body corporate becomes a registered
                    native title body corporate in relation to the relevant
                    land,
 5          the registered native title body corporate replaces the registered
            native title claimant as the objector, consultation party or
            negotiation party in relation to the act.

     1.8.   Objector ceasing to be a registered native title claimant
            If a person who has lodged an objection under
10          section 2.16(1)(b), 3.15(1)(b) or 4.11(1)(b) ceases to be a
            registered native title claimant, the person also ceases to be an
            objector, a consultation party or a negotiation party, as the case
            may be.




                                                                         page 7
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 1       Preliminary
     s. 2.1



            Part 2 -- Consultation procedures for alternative
                           provision areas
                             Division 1 -- Preliminary
     2.1.      Definitions
 5             In this Part --
               "alternative provision area" has the meaning given by
                    section 43A(2) of the NTA except that it does not include
                    an area --
                    (a) that is covered by a grant for the benefit of
10                        Aboriginal persons; and
                    (b) over which all native title rights and interests have
                          not been extinguished;
               "grant for the benefit of Aboriginal persons" means --
                    (a) a lease granted for a fixed term or in perpetuity for
15                        the use and benefit of Aboriginal persons under --
                             (i) section 9 or 116 of the Land Act 1933; or
                            (ii) section 79 or 83 of the Land Administration
                                  Act 1997;
                          or
20                  (b) a reserve under section 29 of the Land Act 1933 or
                          section 41 of the Land Administration Act 1997 for
                          the use and benefit of Aboriginal persons where the
                          land concerned is used for that purpose.




     page 8
                                           Native Title (State Provisions) Bill 1999
            Consultation procedures for alternative provision areas           Part 2
                                                        Preliminary      Division 1
                                                                               s. 2.2



     2.2.      Request for determination under section 43A of the NTA
               The State Minister may, on behalf of the State, request the
               Commonwealth Minister to make a determination under
               section 43A of the NTA that --
 5               (a) the provisions of this Part comply with section 43A(4)
                       and (6) of the NTA; and
                 (b) the requirements of section 43A(7) are complied with.

     2.3.      Transitional provisions
               The regulations may make transitional provisions, so far as the
10             legislative power of the Parliament permits, that are necessary
               or expedient to be made in connection with the amendment or
               revocation of a determination referred to in section 2.2.

     2.4.      Object of this Part
               The object of this Part is to make provisions that --
15              (a) are alternative to those contained in Part 2 Division 3
                      Subdivision P of the NTA in relation to acts to which
                      that Subdivision applies that are attributable to the State;
                      and
                (b) are permitted by section 43A(1) of the NTA to have
20                    effect instead of Subdivision P while a determination
                      referred to in section 2.2 is in force,
               in relation to an area of land or waters that is an alternative
               provision area.
        Note: Part 2 Division 3 Subdivision P of the NTA contains right to negotiate procedures in
25            relation to some future acts. For an overview of that Subdivision, see section 25 of the
              NTA.




                                                                                             page 9
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 2       Relevant future acts and their validity
     s. 2.5



              Division 2 -- Relevant future acts and their validity
     2.5.      Acts to which this Part applies
        (1)    This Part applies to a future act ("a Part 2 act") done by the
               State that --
 5               (a) is referred to in --
                          (i) section 26(1A)(a) and (c) of the NTA; or
                         (ii) section 26(1)(a) and (c) of the NTA;
                 (b) is not referred to in section 26(2) of the NTA; and
                 (c) subject to subsection (3), relates to any extent to an area
10                     of land or waters that is an alternative provision area.
        (2)    This Part applies to an act only to the extent that the act relates
               to a place that is on the landward side of the mean high-water
               mark of the sea.
        (3)    This Part does not apply to a compulsory acquisition that comes
15             within section 26(1)(c)(iii) of the NTA if it involves the
               acquisition of native title rights and interests in relation to land
               or waters in both an alternative provision area and an area that is
               not an alternative provision area.
        (4)    If by operation of section 43B of the NTA a future act is taken
20             to consist of 2 separate acts, this Part applies only to the
               separate act that comes within paragraph(c)(i) of that section.
        (5)    This Part does not apply to an act in respect of which a
               determination is made under section 2.7.

     2.6.      Circumstances in which act is not valid
25      (1)    A Part 2 act is not valid to the extent that it affects native title
               unless, before it is done, the requirements of one of the
               paragraphs of subsection (2) are satisfied in respect of the act.


     page 10
                                          Native Title (State Provisions) Bill 1999
           Consultation procedures for alternative provision areas           Part 2
                            Relevant future acts and their validity     Division 2
                                                                              s. 2.6



     (2)     The requirements are --
              (a) no objection is lodged under section 2.16 before the
                    close of business on the last day for the lodgment of
                    objections;
 5            (b) after the last day for the lodgment of objections, but
                    immediately before the act is done, there is no --
                       (i) registered native title body corporate; or
                      (ii) registered native title claimant,
                    in relation to any part of the relevant land;
10            (c) all objections lodged under section 2.16 before the close
                    of business on the last day for the lodgment of
                    objections are --
                       (i) withdrawn under section 2.25; or
                      (ii) dismissed under section 2.29;
15            (d) an agreement of the kind described in section 2.26 is
                    made by the consultation parties and given to the
                    Commission under that section;
              (e) a recommendation is made that the act be done, or be
                    done subject to conditions being complied with, and the
20                  recommendation --
                       (i) has not been overruled under section 2.38; and
                      (ii) is no longer capable of being overruled --
                                (I) because of section 2.38(2); or
                               (II) because the responsible Minister has
25                                    given an instrument to the Commission
                                      under section 2.43;
               (f) a recommendation that the act not be done is overruled
                    under section 2.38; or
              (g) a recommendation --
30                     (i) that the act be done; or

                                                                            page 11
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 2       Relevant future acts and their validity
     s. 2.7



                         (ii)  that the act be done subject to conditions being
                               complied with,
                       is overruled under section 2.38 and a determination is
                       made under that section that the act may be done subject
 5                     to conditions being complied with.
        (3)    In subsection (2) --
               "close of business" means the close of business of the
                    Government party as specified in accordance with
                    section 2.13(2)(f);
10             "last day for the lodgment of objections" --
                    (a) in relation to a person who has filed an application in
                          terms of section 2.18(3)(a) in relation to any part of
                          the relevant land (a "pending application"), means
                          the day that is one month after the closing day; and
15                  (b) in relation to any other person, or if at the closing day
                          there is no pending application, means the closing
                          day.

     2.7.      Part 3 may be applied to a Part 2 act
               The Government party may, on the application of a person who
20             has applied for, or made a request or submission for, the doing
               of an act that would otherwise come within section 2.5,
               determine that Part 2 is not to apply to the act but that it is to be
               treated instead as a Part 3 act.

     2.8.      Other statutory requirements not affected
25             Nothing in section 2.6, or in an agreement, recommendation or
               determination under this Part, authorizes the Government party
               to do a Part 2 act without complying with any requirements of
               another written law that apply to the doing of the act.



     page 12
                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                                              Notices and objections       Division 3
                                                                                 s. 2.9



                        Division 3 -- Notices and objections
     2.9.       Proponent where act relates to mining
                Where the Part 2 act, if done, would --
                  (a)    create or vary a right to mine; or
 5                (b)    renew, re-grant, remake or extend the term of an
                         instrument creating a right to mine,
                the proponent for the purposes of this Part is the person who
                under the relevant written law has applied for the act to be done.

     2.10.      Identification of proponents in other cases
10      (1)     This section applies where the Part 2 act is not covered by
                section 2.9.
        (2)     The Government party is to determine the person or persons
                (if any) who, because of an application, request or submission
                made by the person or persons for the act to be done, are to be
15              treated as the proponent or proponents in relation to the act for
                the purposes of this Part.
        (3)     The Government party may amend a determination under
                subsection (2).
        (4)     The Government party must give notice in writing to each
20              proponent of --
                  (a) a determination under subsection (2); and
                  (b) an amendment of a determination,
                relating to that proponent.
        (5)     If there is any other consultation party in relation to the act at
25              the time when a notice is given under subsection (4) the
                Government party must give the copy of the notice to each other
                consultation party.

                                                                               page 13
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 3       Notices and objections
     s. 2.11



     2.11.     Closing day for objections
        (1)    The Government party is to fix, for every Part 2 act, a closing
               day for the lodgment of objections to the doing of the act.
        (2)    The Government party may fix a later closing day for the
 5             lodgment of objections to the doing of a Part 2 act if the
               Government party is satisfied that it has not been reasonably
               practicable for section 2.13(1) to be complied with in respect of
               the act.

     2.12.     Notification of acts
10             Before a Part 2 act is done notice in writing of the act must be
               given to --
                 (a) any registered native title body corporate in relation to
                       any of the relevant land;
                 (b) any registered native title claimant in relation to any of
15                     the relevant land;
                 (c) any representative body for an area that includes any of
                       the relevant land; and
                 (d) the Native Title Registrar.

     2.13.     Further provision as to notices
20      (1)    The notices required by section 2.12 in respect of a Part 2 act
               must be given at least 3 months before the closing day.
        (2)    Every notice must show --
                (a) a clear description of the land or waters to which the act
                      relates;
25              (b) a description of the nature of the act;
                (c) the title of the Government party who --
                        (i) would do the act; and


     page 14
                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                                              Notices and objections       Division 3
                                                                               s. 2.14



                           (ii) will receive objections;
                  (d)    the address at which objections may be lodged and the
                         postal address to which they may be sent;
                  (e)    the closing day;
 5                (f)    the time of close of business of the Government party on
                         the closing day;
                  (g)    the name and address of any person who is a proponent
                         under section 2.9 or is determined to be a proponent
                         under section 2.10(2);
10                (h)    how further information about the act can be obtained;
                         and
                   (i)   any other information that is prescribed for the purposes
                         of section 2.15(1)(a).
        (3)     Every notice must also contain a statement explaining how
15              section 2.18(3) operates to allow a person time --
                  (a) to become a registered native title claimant in relation to
                        the relevant land; and
                  (b) by so doing to become eligible in terms of
                        section 2.16(1)(b) to lodge an objection to the doing of
20                      the act.
        (4)     The particulars referred to in subsection (2)(c), (d) and (f) are to
                be as determined by the Government party.

     2.14.      Who gives notice
        (1)     The notices required by section 2.12 are to be given --
25               (a) by the Government party where the Part 2 act is a
                       compulsory acquisition that comes within
                       section 26(1)(c)(iii) of the NTA; or




                                                                              page 15
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 3       Notices and objections
     s. 2.15



                 (b)   in the case of any other kind of Part 2 act --
                          (i) by persons of a class prescribed by the
                               regulations in relation to an act of that kind; or
                         (ii) if no person is so prescribed at the time when the
 5                             notice is given, by the Government party.
        (2)    A proponent or other person who is required to give any notice
               is to submit to the Government party proof of the notice having
               been given.

     2.15.     Prescribed provisions about notice
10      (1)    The regulations may make provision about the giving of notice
               under this Division including about --
                 (a) the information that must be included in a notice; and
                 (b) how the requirement to give notice --
                         (i) may be satisfied either generally or in particular
15                            types of cases; and
                        (ii) may be satisfied in conjunction with the giving
                              of notice under another written law that relates to
                              a Part 2 act.
        (2)    Regulations of the kind referred to in subsection (1)(b)(ii) may
20             be expressed to be made under section 7.1 and under powers
               conferred by another written law.

     2.16.     Right to object to doing of act
        (1)    A person that is, in relation to any part of the relevant land --
                 (a)   a registered native title body corporate; or
25               (b)   subject to subsection (3), a registered native title
                       claimant,
               may lodge an objection to the doing of a Part 2 act.


     page 16
                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                                              Notices and objections       Division 3
                                                                               s. 2.17



        (2)     An objection may be lodged only on the ground that the doing
                of the act in relation to the relevant land would affect the
                person's registered native title rights and interests in relation to
                that land.
 5      (3)     Subsection (1)(b) does not apply if there are one or more
                registered native title bodies corporate in relation to all of the
                relevant land.

     2.17.      Requirements for objections
                An objection must --
10               (a) be lodged with the Government party in accordance with
                       the requirements of the relevant notice;
                 (b) state the manner in which it is said that the doing of the
                       act would be likely to affect the objector's registered
                       native title rights and interests in relation to the relevant
15                     land; and
                 (c) comply with any other requirements of the regulations
                       as to the form or content of objections.

     2.18.      Time limit
        (1)     An objection against a Part 2 act cannot be lodged after the
20              closing day.
        (2)     Where, on the application of a person made before the closing
                day, the Commission is satisfied that exceptional circumstances
                so require, the Commission may --
                  (a) fix a later closing day for the lodgment of objections to
25                      the doing of the act; and
                  (b) give such directions as the Commission thinks
                        appropriate as to the giving of notice of the day so fixed.




                                                                              page 17
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 3       Notices and objections
     s. 2.19



        (3)    If --
                 (a)   on or before the closing day for a Part 2 act, a person
                       files a native title determination application under
                       section 61 of the NTA; and
 5               (b)   within one month after the closing day the person
                       becomes a registered native title claimant,
               in relation to any part of the relevant land, the person may,
               despite subsection (1), lodge an objection to the doing of the act
               within the period referred to in paragraph (b).
10      (4)    A person who files an application referred to in subsection (3)
               must, within 7 days of doing so, notify the Government party
               and any proponent in writing of that fact.
     2.19.     Government party to notify the Commission of objections
        (1)    The Government party must notify --
15              (a) the Commission; and
                (b) any proponent,
               of the particulars of all objections against a Part 2 act lodged on
               or before the closing day or in accordance with section 2.18(3).
        (2)    Notification under subsection (1) of an objection must be given
20             not later than 14 days after the lodgment of the objection.
     2.20.     Withdrawal of request etc. by proponent
        (1)    The proponent in relation to a Part 2 act may give notice in
               writing to --
                (a) the Commission;
25              (b) the other consultation parties (if any); and
                (c) the Government party,
               that the proponent's application, request or submission for the
               doing of the act is withdrawn.

     page 18
                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                                      Consultation and agreements          Division 4
                                                                               s. 2.21



        (2)     If there is more than one proponent a notice under
                subsection (1) is of no effect unless it is given by all of the
                proponents jointly.
        (3)     The giving of a notice under subsection (1) to all of the persons
 5              referred to in that subsection brings to an end any procedures
                that have begun under this Part.

     2.21.      Withdrawal of proposal by Government party
        (1)     The application of section 2.20 extends to cases where --
                 (a) section 2.9 does not apply; and
10               (b) a proponent has not been determined under
                       section 2.10(2).
        (2)     In that event --
                  (a) a notice may be given by the Government party that the
                        act will not be done; and
15                (b) the provisions of section 2.20 apply with all necessary
                        changes.

                    Division 4 -- Consultation and agreements
     2.22.      Meaning of "consultation parties"
                References in this Part to "consultation parties" in relation to a
20              Part 2 act are references to --
                 (a) each proponent under section 2.9 and each objector; or
                 (b) where section 2.9 does not apply --
                           (i) the Government party;
                          (ii) each objector; and
25                       (iii) any person determined under section 2.10(2) to
                                be a proponent but only so long as the person
                                consents to being a consultation party.

                                                                              page 19
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 4       Consultation and agreements
     s. 2.23



     2.23.     Consultation
        (1)    If a Part 2 act is a compulsory acquisition that comes within
               section 26(1)(c)(iii) of the NTA, the consultation parties must
               consult with each other in good faith about ways of minimizing
 5             the impact of the act on registered native title rights and
               interests in relation to the relevant land with a view to bringing
               about the withdrawal of the objections.
        (2)    In the case of any other Part 2 act, the consultation parties must
               consult with each other in good faith about ways of minimizing
10             the impact of the act on registered native title rights and
               interests in relation to the relevant land, including about --
                 (a) any access to the relevant land; or
                 (b) the way in which any thing authorized by the act may be
                       done,
15             with a view to bringing about the withdrawal of the objections.
        (3)    The consultation parties for the time being may begin
               consultations even though the closing day for the act concerned
               has not arrived.

     2.24.     Involvement of Commission, including mediation
20      (1)    If any of the consultation parties requests the Commission to do
               so, the Commission must mediate among the parties to assist in
               resolving the differences between them on the relevant matters
               mentioned in section 2.23.
        (2)    The consultation parties must report to the Commission on
25             progress made in the consultations at such time or times as the
               Commission may in writing direct.




     page 20
                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                              Recommendations of the Commission            Division 5
                                                                               s. 2.25



        (3)     If the Commission considers that the consultation parties or any
                of them are not making sufficient attempts to resolve their
                differences the Commission is to use its best endeavours --
                  (a) to have the parties consult together in good faith as
 5                      required by section 2.23; and
                  (b) to bring about --
                           (i) a resolution of the differences between them on
                               the relevant matters mentioned in section 2.23; or
                          (ii) the withdrawal of the objections.
10   2.25.      Withdrawal of objection
        (1)     At any time before a recommendation is made under Division 5
                in relation to an objection the objector may withdraw the
                objection by notice in writing given to the Commission.
        (2)     The Commission is to notify the consultation parties of any such
15              withdrawal.
     2.26.      Agreement made by parties
                If at any time before a recommendation is made under
                Division 5 the consultation parties make an agreement that
                resolves the issues on which the objections were based, they
20              may give a copy of it to the Commission.

              Division 5 -- Recommendations of the Commission
     2.27.      Commission may notify intention to hear
        (1)     The Commission may, after the consultation period for a Part 2
                act has expired, give notice to the consultation parties that it
25              intends to hear and determine objections to the doing of the
                act --
                  (a) if --
                          (i) all of the objections have not been withdrawn; or

                                                                              page 21
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 5       Recommendations of the Commission
     s. 2.28



                         (ii)   an agreement of the kind described in
                                section 2.26 has not been made between the
                                consultation parties and given to the Commission
                                under that section;
 5                     and
                 (b)   if the Commission considers that any mediation
                       requested under section 2.24(1) has been completed.
        (2)    A notice under subsection (1) in respect of a Part 2 act may be
               given by the Commission --
10               (a) of its own motion; or
                 (b) on the application of a consultation party.
        (3)    Before the Commission gives a notice under subsection (1) of
               its own motion, it must give the consultation parties an
               opportunity to inform it whether the making of an agreement of
15             the kind described in section 2.26 is imminent.
        (4)    The Commission must grant an application made under
               subsection (2)(b) if the application complies with section 2.45
               and is accompanied by the things required by section 2.46.
        (5)    Without limiting section 6.22, a notice under subsection (1) may
20             relate to more than one act and the objections to the doing of the
               act.
        (6)    In this section --
               "consultation period" means the period beginning on the
                    closing day and ending 4 months after that day.

25   2.28.     Consultations may continue
               Where the Commission --
                (a) has given notice under section 2.27; but



     page 22
                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                              Recommendations of the Commission            Division 5
                                                                               s. 2.29



                  (b)    has not made a recommendation,
                in respect of a Part 2 act, the consultation parties may continue
                to consult together with a view to bringing about --
                  (c) a resolution of the issues on which the objections are
 5                      based; and
                  (d) the withdrawal of the objections.

     2.29.      Dismissal of objections
        (1)     The Commission must dismiss an objection if --
                 (a) it is not made by a registered native title body corporate
10                    or a registered native title claimant as required by
                      section 2.16(1); or
                 (b) none of the rights and interests claimed to be affected by
                      the doing of the act are registered native title rights and
                      interests of the objector.
15      (2)     The Commission must notify an objector of the dismissal of his
                or her objection.

     2.30.      Time for making recommendation
        (1)     Subject to section 2.31, the Commission must take all
                reasonable steps to make a recommendation in respect of a
20              Part 2 act within the period of 4 months ("the allowed period")
                starting when a notice under section 2.27 is given in respect of
                the act.
        (2)     If it appears to the Commission that it will not make a
                recommendation within the allowed period, the Commission
25              may before the end of the period ask the responsible Minister to
                extend the period, and that Minister may comply with the
                request.



                                                                              page 23
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 5       Recommendations of the Commission
     s. 2.31



        (3)    An extended period may be further extended under
               subsection (2).

     2.31.     No recommendation if agreement etc.
               The Commission must not make a recommendation in respect of
 5             a Part 2 act if --
                 (a) all of the objections to the doing of the act have been
                       withdrawn; or
                 (b) an agreement of the kind described in section 2.26 has
                       been made between the consultation parties and given to
10                     the Commission under that section.

     2.32.     Making of recommendation
        (1)    Except where section 2.31 applies, the Commission must make
               one of the following recommendations --
                 (a) that the act be done;
15              (b) that the act be done subject to specified conditions being
                       complied with by any of the consultation parties;
                 (c) that the act not be done.
        (2)    The Commission may specify conditions under
               subsection (1)(b) only if they relate to the doing of the act as it
20             affects registered native title rights and interests in relation to
               the relevant land.
        (3)    The Commission must not specify a condition under
               subsection (1)(b) that has the effect that an objector is to be
               entitled to payments worked out by reference to --
25               (a) the amount of profits made;
                 (b) any income derived; or




     page 24
                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                              Recommendations of the Commission            Division 5
                                                                               s. 2.33



                  (c)    any things produced,
                by any other consultation party as a result of doing anything in
                relation to the relevant land after the act is done.

     2.33.      Criteria for making recommendations
 5      (1)     In making its recommendation in respect of any Part 2 act, the
                Commission must --
                  (a) take into account the impact of the act on registered
                       native title rights and interests of the objectors in
                       relation to the relevant land; and
10                (b) unless it recommends that the act not be done, consider
                       ways in which that impact can be minimized.
        (2)     In addition, in making its recommendation in respect of a Part 2
                act that is not a compulsory acquisition that comes within
                section 26(1)(c)(iii) of the NTA, the Commission must consider
15              questions of --
                  (a) access to the relevant land; and
                  (b) the way in which any thing authorized by the act may be
                         done.
        (3)     The Commission must also take into account the nature and
20              extent of --
                  (a) existing rights and interests that are not native title rights
                        and interests, in relation to the relevant land; and
                  (b) existing use of the relevant land by persons other than
                        the objectors.

25   2.34.      Issues on which parties agree
        (1)     Before making its recommendation, the Commission must
                ascertain whether the consultation parties have an agreed
                position on any issues relevant to its recommendation.


                                                                              page 25
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 5       Recommendations of the Commission
     s. 2.35



        (2)    If there is any such issue, and all of the consultation parties
               consent, the Commission in making its recommendation --
                 (a) must take that agreed position into account; and
                 (b) need not take into account the matters mentioned in
 5                      section 2.33, to the extent that the matters relate to that
                        issue.

     2.35.     Copy of recommendation to be given
               The Commission must give a copy of any recommendation
               under section 2.32 to the consultation parties and the
10             responsible Minister.

     2.36.     Effect of recommendation
               A recommendation must be complied with by the Government
               party unless it is overruled by a determination of the responsible
               Minister under section 2.38.

15   2.37.     Effect of recommendation that specifies conditions
        (1)    A recommendation by the Commission that a Part 2 act may be
               done subject to conditions being complied with by the
               consultation parties has effect, if the act is done, as if the
               conditions were terms of a contract among the consultation
20             parties.
        (2)    Subsection (1) is in addition to --
                (a) the effect that the recommendation has under
                      section 2.36; and
                (b) any condition that the Government party may impose in
25                    relation to the act in order to give effect to the
                      recommendation.




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                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                                    Overruling of recommendations          Division 6
                                                                               s. 2.38



        (3)     If an objector is a registered native title claimant, any other
                person included in the native title claim group concerned is taken
                to be a consultation party for the purposes only of this section.

                  Division 6 -- Overruling of recommendations
 5   2.38.      Responsible Minister may overrule a recommendation
        (1)     Subject to sections 2.40 and 2.41, the responsible Minister may,
                by writing given to the Commission, make a determination in
                accordance with section 2.39.
        (2)     A determination cannot be made by the responsible Minister in
10              respect of a recommendation after 2 months have expired since
                the recommendation was made.
        (3)     The Commission must give a copy of the determination to the
                consultation parties concerned.

     2.39.      Determinations that responsible Minister may make
15      (1)     In the case of a recommendation under section 2.32(1)(a), the
                responsible Minister may make a determination that the
                recommendation is overruled and either --
                  (a) that the act to which it relates must not be done; or
                  (b) that the act to which it relates may be done subject to
20                      specified conditions to be complied with by any of the
                        consultation parties.
        (2)     In the case of a recommendation under section 2.32(1)(b), the
                responsible Minister may make a determination that the
                recommendation is overruled and --
25                (a) that the act to which it relates must not be done;
                  (b) that the act to which it relates may be done; or



                                                                              page 27
     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 6       Overruling of recommendations
     s. 2.40



                 (c)   that the act to which it relates may be done subject to
                       specified conditions to be complied with by any of the
                       consultation parties.
        (3)    In the case of a recommendation under section 2.32(1)(c), the
 5             responsible Minister may make a determination that the
               recommendation is overruled and either --
                 (a) that the act to which it relates may be done; or
                 (b) that the act to which it relates may be done subject to
                       specified conditions to be complied with by any of the
10                     consultation parties.
        (4)    The responsible Minister may only specify conditions under this
               section that relate to the doing of the act as it affects registered
               native title rights and interests in relation to the relevant land.
        (5)    In this section --
15             "specified" means specified in the determination.

     2.40.     Consultation before making of determination
        (1)    This section applies if the effect of the responsible Minister's
               determination under section 2.38 is that the act may be done --
                 (a) unconditionally;
20               (b) subject to conditions being complied with; or
                 (c)   subject to conditions being complied with that are
                       different in any respect from the conditions specified in
                       the recommendation that is overruled.
        (2)    If this section applies, the responsible Minister may only make a
25             determination under section 2.38 after he or she has --
                 (a) consulted the State Minister principally responsible for
                        indigenous affairs about --
                          (i) the Commission's recommendation; and


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                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                                    Overruling of recommendations          Division 6
                                                                               s. 2.41



                          (ii)   any determination that the responsible Minister
                                 may make;
                         and
                  (b)    taken into account any recommendation or advice made
 5                       or given by that Minister.
        (3)     Before the consultations referred to in subsection (2) are held,
                the State Minister principally responsible for indigenous affairs
                is to be given --
                   (a) by the Commission, any submission or other material
10                       that was put before it in relation to the recommendation
                         in question; and
                  (b) by the responsible Minister, any submission or other
                         material that has been put before him or her for the
                         purposes of the determination in question.
15      (4)     The duty imposed by subsection (3)(a) applies subject to any
                direction given by the Commission under section 6.29.

     2.41.      Ground on which determination may be made
        (1)     The responsible Minister may only make a determination under
                section 2.38 on the ground that it is in the interests of the State
20              to do so.
        (2)     In subsection (1) --
                "in the interests of the State" includes --
                     (a) for the social or economic benefit of the State
                           (including of Aboriginal peoples); and
25                   (b) in the interests of the relevant region or locality in the
                           State.




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     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 6       Overruling of recommendations
     s. 2.42



     2.42.     Conditions in determination
        (1)    A provision in a determination by the responsible Minister
               under section 2.38 that a Part 2 act may be done subject to
               conditions being complied with by any of the consultation
 5             parties has effect, if the act is done, as if the conditions were
               terms of a contract among the consultation parties.
        (2)    Subsection (1) is in addition to --
                (a) the effect of the determination apart from this section;
                      and
10              (b) any condition that the Government party may impose in
                      relation to the act in order to give effect to the
                      determination.
        (3)    If an objector is a registered native title claimant, any other
               person included in the native title claim group concerned is
15             taken to be a consultation party for the purposes only of this
               section.

     2.43.     Responsible Minister may declare intention not to overrule
        (1)    The responsible Minister may by instrument given to the
               Commission declare that he or she does not intend to exercise
20             any power conferred by section 2.38 in respect of a particular
               recommendation.
        (2)    If an instrument is given to the Commission under
               subsection (1) the responsible Minister --
                 (a) cannot revoke the instrument; and
25               (b) cannot exercise any power conferred by section 2.38 in
                        respect of the recommendation concerned.
        (3)    The Commission is to notify the consultation parties of the
               giving of an instrument to it under subsection (1).


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                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                                                         Applications      Division 7
                                                                               s. 2.44



                              Division 7 -- Applications
     2.44.      Definition
                In this Division --
                "application" means an application under section 2.27(2)(b).

 5   2.45.      Form and contents of application
                An application must --
                 (a) be made in accordance with the regulations; and
                 (b) comply with the requirements of the regulations as to
                       the form or content of applications.

10   2.46.      Material and fees to accompany applications
                An application must be accompanied by any prescribed
                documents and any prescribed fee.

     2.47.      Application fee may be waived
                The Chief Commissioner may waive payment of the whole or
15              part of a fee payable by a person under section 2.46 where --
                  (a) in the Chief Commissioner's opinion, payment of the
                        whole or part of the fee would cause financial hardship
                        to the person; or
                  (b) for any other reason the Chief Commissioner considers
20                      it appropriate to do so.

                             Division 8 -- Judicial review
     2.48.      Application for review
        (1)     A consultation party in relation to a Part 2 act may apply to the
                Supreme Court for a review of a decision to which this section
25              applies.

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     Native Title (State Provisions) Bill 1999
     Part 2           Consultation procedures for alternative provision areas
     Division 8       Judicial review
     s. 2.49



        (2)    The decisions referred to are --
                (a) a dismissal under section 2.29 of an objection to the
                      doing of the act;
                (b) a recommendation of the Commission under
 5                    section 2.32(1)(a) or (b) in respect of the act; and
                (c) a determination of the responsible Minister under
                      section 2.38(1) that the act --
                        (i) may be done; or
                       (ii) may be done subject to conditions.

10   2.49.     Time limit for application
        (1)    An application for review must be made not later than 28 days
               after the day on which --
                 (a)   notice of the dismissal of the objection is given to the
                       applicant; or
15               (b)   a copy of the determination is given to the applicant
                       under section 2.38(3),
               as the case may be.
        (2)    In the case of a recommendation of the Commission, an
               application for review must be made not later than 28 days
20             after --
                 (a) the day on which the applicant is notified under
                       section 2.43(3) that the responsible Minister has given
                       an instrument to the Commission under section 2.43; or
                 (b) the expiry of the period referred to in section 2.38(2),
25             whichever happens first.




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                                             Native Title (State Provisions) Bill 1999
              Consultation procedures for alternative provision areas           Part 2
                                                      Judicial review      Division 8
                                                                               s. 2.50



     2.50.      Procedure
                The manner of making the application and other matters relating
                to the proceedings are to be as prescribed by rules of court.

     2.51.      Grounds on which application may be made
 5      (1)     An application for review may only be made on a ground or
                grounds that would support an application for a remedy of --
                  (a) injunction;
                  (b) declaratory judgment; or
                  (c) an order in the nature of a prerogative writ.
10      (2)     The application is not required to specify the kind of remedy
                that is sought but is taken to be an application for the grant of
                such of the remedies referred to in subsection (1) as the Court
                considers appropriate in the circumstances.

     2.52.      Powers of Court
15              On the making of an application for review the Court may grant
                such relief as it considers appropriate in the circumstances,
                including relief by way of any of the remedies referred to in
                section 2.51(1).

     2.53.      Effect on other remedies
20              This Division displaces, in respect of a decision to which it
                applies, the right of a consultation party to apply in other
                proceedings for relief of a kind that is available under this
                Division.




                                                                              page 33
     Native Title (State Provisions) Bill 1999
     Part 3           Right to negotiate procedures for areas not covered by Part 2
     Division 1       Preliminary
     s. 3.1



      Part 3 -- Right to negotiate procedures for areas not
                       covered by Part 2
                                 Division 1 -- Preliminary
     3.1.      Request for determination under section 43(1)(b) of the
 5             NTA
               The State Minister may, on behalf of the State, request the
               Commonwealth Minister to make a determination under
               section 43(1)(b) of the NTA that the provisions of this Part
               comply with section 43(2) of the NTA.

10   3.2.      Transitional provisions
               The regulations may make transitional provisions, so far as the
               legislative power of the Parliament permits, that are necessary
               or expedient to be made in connection with the amendment or
               revocation of a determination referred to in section 3.1.

15   3.3.      Object of this Part
               The object of this Part is to make provisions that --
                (a) are alternative to those contained in Part 2 Division 3
                      Subdivision P of the NTA; and
                (b) are permitted by section 43(1) of the NTA to have effect
20                    instead of Subdivision P while a determination referred
                      to in section 3.1 is in force,
               in relation to acts to which that Subdivision applies that are
               attributable to the State.
        Note: Part 2 Division 3 Subdivision P of the NTA contains right to negotiate procedures in
25            relation to some future acts. For an overview of that Subdivision, see section 25 of the
              NTA.




     page 34
                                          Native Title (State Provisions) Bill 1999
     Right to negotiate procedures for areas not covered by Part 2           Part 3
                             Relevant future acts and their validity    Division 2
                                                                              s. 3.4



              Division 2 -- Relevant future acts and their validity
     3.4.      Acts to which this Part applies
        (1)    This Part applies to a future act ("a Part 3 act") done by the
               State that --
 5               (a) is referred to in --
                          (i) section 26(1A)(a) and (c) of the NTA; or
                         (ii) section 26(1)(a) and (c) of the NTA;
                 (b) is not referred to in section 26(2) of the NTA; and
                 (c) subject to section 2.7, is not a Part 2 act.
10      (2)    This Part applies to an act only to the extent that the act relates
               to a place that is on the landward side of the mean high-water
               mark of the sea.
        (3)    If by operation of section 43B of the NTA a future act is taken
               to consist of 2 separate acts --
15               (a) this Part applies only to the separate act that comes
                       within paragraph (c)(ii) of that section; and
                 (b) for the purposes of this Part that act is taken to be done
                       at the time provided for by paragraph (d) of that section.

     3.5.      Circumstances in which act is not valid
20      (1)    A Part 3 act is not valid to the extent that it affects native title
               unless, before it is done, the requirements of one of the
               paragraphs of subsection (2) are satisfied in respect of the act.
        (2)    The requirements are --
                (a) no objection is lodged under section 3.15 before the
25                    close of business on the last day of the objection period;
                (b) after the objection period, but immediately before the
                      act is done, there is no --
                        (i) registered native title body corporate; or

                                                                             page 35
     Native Title (State Provisions) Bill 1999
     Part 3           Right to negotiate procedures for areas not covered by Part 2
     Division 2       Relevant future acts and their validity
     s. 3.5



                         (ii) registered native title claimant,
                       in relation to any part of the relevant land;
                 (c)   all objections lodged under section 3.15 before the close
                       of business on the last day of the objection period are --
 5                        (i) withdrawn under section 3.24; or
                         (ii) dismissed under section 3.41;
                (d)    an agreement of the kind mentioned in section 3.22(1)
                       is --
                          (i) made by the negotiation parties;
10                       (ii) given to the Commission under section 3.25; and
                        (iii) accepted by the Commission under
                               section 3.26(2);
                 (e)   a determination is made under section 3.29 that the act
                       may be done, or may be done subject to conditions
15                     being complied with;
                 (f)   a determination is made under section 3.44 that the act
                       may be done, or may be done subject to conditions
                       being complied with, and the determination --
                          (i) has not been overruled under section 3.51; and
20                       (ii) is no longer capable of being overruled --
                                  (I) because of section 3.51(2); or
                                 (II) because the responsible Minister has
                                        given an instrument to the Commission
                                        under section 3.55;
25              (g)    a determination that the act must not be done is declared
                       to be overruled under section 3.51; or
                (h)    a determination under section 3.44 --
                          (i) that the act may be done; or



     page 36
                                          Native Title (State Provisions) Bill 1999
     Right to negotiate procedures for areas not covered by Part 2           Part 3
                                           Notices and objections       Division 3
                                                                              s. 3.6



                        (ii)  that the act may be done subject to conditions
                              being complied with,
                      is overruled under section 3.51 and a declaration is made
                      under that section that the act may be done subject to
 5                    conditions being complied with.
        (3)   In subsection (2) --
              "close of business" means the close of business of the
                   Government party as specified in accordance with
                   section 3.11(2)(f);
10            "objection period", in relation to a Part 3 act, means the period
                   beginning when any notice of the act is given under
                   section 3.10 and ending with the day that is one month after
                   the closing day in relation to the act.
        (4)   The term "objection period" is defined in subsection (3) to
15            extend beyond the closing day in relation to a Part 3 act to allow
              for cases where section 3.17(3) applies, and the definition is not
              to be read as in any way limiting the operation of
              section 3.17(1).

     3.6.     Other statutory requirements not affected
20            Nothing in section 2.7 or 3.5, or in an agreement, determination
              or declaration under this Part, authorizes the Government party
              to do a Part 3 act without complying with any requirements of
              another written law that apply to the doing of the act.

                      Division 3 -- Notices and objections
25   3.7.     Proponent where act relates to mining
              Where the Part 3 act, if done, would --
               (a) create or vary a right to mine; or



                                                                            page 37
     Native Title (State Provisions) Bill 1999
     Part 3           Right to negotiate procedures for areas not covered by Part 2
     Division 3       Notices and objections
     s. 3.8



                (b)    renew, re-grant, remake or extend the term of an
                       instrument creating a right to mine,
               the proponent for the purposes of this Part is the person who
               under the relevant written law has applied for the act to be done.

 5   3.8.      Identification of proponents in other cases
        (1)    This section applies where the Part 3 act is not covered by
               section 3.7.
        (2)    The Government party is to determine the person or persons
               (if any) who, because of an application, request or submission
10             made by the person or persons for the act to be done, are to be
               treated as the proponent or proponents in relation to the act for
               the purposes of this Part.
        (3)    The Government party may amend a determination under
               subsection (2).
15      (4)    The Government party must give notice in writing to each
               proponent of --
                 (a) a determination under subsection (2); and
                 (b) any amendment of a determination,
               relating to that proponent.
20      (5)    If there is any other negotiation party in relation to the act at the
               time when a notice is given under subsection (4) the
               Government party must give the copy of the notice to each other
               negotiation party.

     3.9.      Closing day for objections
25      (1)    The Government party is to fix, for every Part 3 act, a closing
               day for the lodgment of objections to the doing of the act.



     page 38
                                          Native Title (State Provisions) Bill 1999
     Right to negotiate procedures for areas not covered by Part 2           Part 3
                                           Notices and objections       Division 3
                                                                            s. 3.10



        (2)   The Government party may fix a later closing day for the
              lodgment of objections to the doing of a Part 3 act if the
              Government party is satisfied that it has not been reasonably
              practicable for section 3.11(1) to be complied with in respect of
 5            the act.

     3.10.    Notification of acts
        (1)   Before a Part 3 act is done, public notice of the act must be
              given by advertisement --
                (a) in a newspaper circulating generally throughout the
10                   State; and
                (b) in a newspaper or magazine that --
                        (i) caters mainly or exclusively for the interests of
                             Aboriginal peoples;
                       (ii) circulates in the area that may be affected by the
15                           act; and
                      (iii) is published at least once a month.
        (2)   Notice in writing of the act must also be given to --
               (a) any registered native title body corporate in relation to
                      any of the relevant land;
20             (b) any registered native title claimant in relation to any of
                      the relevant land;
               (c) any representative body for an area that includes any of
                      the relevant land; and
               (d) the Native Title Registrar.

25   3.11.    Further provision as to notices
        (1)   The notices required by section 3.10 in respect of a Part 3 act
              must be given at least 3 months before the closing day.



                                                                           page 39
     Native Title (State Provisions) Bill 1999
     Part 3           Right to negotiate procedures for areas not covered by Part 2
     Division 3       Notices and objections
     s. 3.11



        (2)    Every notice must show --
                (a) a clear description of the land or waters to which the act
                      relates;
                (b) a description of the nature of the act;
 5              (c) the title of the Government party who --
                         (i) would do the act; and
                        (ii) will receive objections;
                (d) the address at which objections may be lodged and the
                      postal address to which they may be sent;
10              (e) the closing day;
                 (f) the time of close of business of the Government party on
                      the closing day and on the day that is one month after
                      that day;
                (g) the name and address of any person who is a proponent
15                    under section 3.7 or is determined to be a proponent
                      under section 3.8(2);
                (h) how further information about the act can be obtained;
                      and
                 (i) any other information that is prescribed for the purposes
20                    of section 3.14(1)(a).
        (3)    Every notice must also contain a statement explaining how
               section 3.17(3) operates to allow a person time --
                 (a) to become a registered native title claimant in relation to
                       the relevant land; and
25               (b) by so doing to become eligible in terms of
                       section 3.15(1)(b) to lodge an objection to the doing of
                       the act.
        (4)    The particulars referred to in subsection (2)(c), (d) and (f) are to
               be as determined by the Government party.


     page 40
                                          Native Title (State Provisions) Bill 1999
     Right to negotiate procedures for areas not covered by Part 2           Part 3
                                           Notices and objections       Division 3
                                                                            s. 3.12



     3.12.    Notice may relate to 2 or more acts
              One notice may relate to the doing of 2 or more Part 3 acts.

     3.13.    Who gives notice
        (1)   The notices required by section 3.10 are to be given --
 5             (a) by the Government party where the Part 3 act is a
                     compulsory acquisition that comes within
                     section 26(1)(c)(iii) of the NTA; or
               (b) in the case of any other kind of Part 3 act --
                        (i) by persons of a class prescribed by the
10                           regulations in relation to an act of that kind; or
                       (ii) if no person is so prescribed at the time when the
                             notice is given, by the Government party.
        (2)   A proponent or other person who is required to give any notice
              is to submit to the Government party proof of the notice having
15            been given.

     3.14.    Prescribed provisions about notice
        (1)   The regulations may make provision about the giving of notice
              under this Division including about --
                (a) the information that must be included in a notice; and
20              (b) how the requirement to give notice --
                        (i) may be satisfied either generally or in particular
                             types of cases; and
                       (ii) may be satisfied in conjunction with the giving
                             of notice under another written law that relates to
25                           a Part 3 act.
        (2)   Regulations of the kind referred to in subsection (1)(b)(ii) may
              be expressed to be made under section 7.1 and under powers
              conferred by another written law.

                                                                           page 41
     Native Title (State Provisions) Bill 1999
     Part 3           Right to negotiate procedures for areas not covered by Part 2
     Division 3       Notices and objections
     s. 3.15



     3.15.     Right to object to doing of act
        (1)    A person that is, in relation to any part of the relevant land --
                (a)    a registered native title body corporate; or
                (b)    subject to subsection (2), a registered native title
 5                     claimant,
               may lodge an objection to the doing of a Part 3 act.
        (2)    Subsection (1)(b) does not apply if there are one or more
               registered native title bodies corporate in relation to all of the
               relevant land.

10   3.16.     Requirements for objections
               An objection must --
                (a) be lodged with the Government party in accordance with
                      the requirements of the relevant notice;
                (b) state the manner in which it is said that the doing of the
15                    act would be likely to affect the objector's registered
                      native title rights and interests in relation to the relevant
                      land; and
                (c) comply with any other requirements of the regulations
                      as to the form or content of objections.

20   3.17.     Time limit
        (1)    An objection to the doing of a Part 3 act cannot be lodged after
               the closing day.
        (2)    Where, on the application of a person made before the closing
               day, the Commission is satisfied that exceptional circumstances
25             so require, the Commission may --
                 (a) fix a later closing day for the lodgment of objections to
                       the doing of the act; and


     page 42
                                          Native Title (State Provisions) Bill 1999
     Right to negotiate procedures for areas not covered by Part 2           Part 3
                                           Notices and objections       Division 3
                                                                            s. 3.18



                (b)   give such directions as the Commission thinks
                      appropriate as to the giving of notice of the day so fixed.
        (3)   If --
                (a)   on or before the closing day for a Part 3 act, a person
 5                    files a native title determination application under
                      section 61 of the NTA; and
                (b)   within one month after the closing day the person
                      becomes a registered native title claimant,
              in relation to any part of the relevant land, the person may,
10            despite subsection (1), lodge an objection to the doing of the act
              within the period referred to in paragraph (b).
        (4)   A person who files an application referred to in subsection (3)
              must, within 7 days of doing so, notify the Government party
              and any proponent in writing of that fact.

15   3.18.    Government party to notify the Commission of objections
        (1)   The Government party must notify --
                (a)   the Commission; and
                (b)   any proponent,
              of the particulars of all objections lodged on or before the
20            closing day or in accordance with section 3.17(3).
        (2)   Notification under subsection (1) of an objection must be given
              not later than 14 days after the lodgment of the objection.

     3.19.    Withdrawal of request etc. by proponent
        (1)   The proponent in relation to a Part 3 act may give notice in
25            writing to --
               (a) the Commission;
               (b) the other negotiation parties (if any); and

                                                                           page 43
     Native Title (State Provisions) Bill 1999
     Part 3           Right to negotiate procedures for areas not covered by Part 2
     Division 4       Negotiations and agreements
     s. 3.20



                 (c)   the Government party,
               that the proponent's request, application or submission for the
               doing of the act is withdrawn.
        (2)    If there is more than one proponent a notice under
 5             subsection (1) is of no effect unless it is given by all of the
               proponents jointly.
        (3)    The giving of a notice under subsection (1) to all of the persons
               referred to in that subsection brings to an end any procedures
               that have begun under this Part.

10   3.20.     Withdrawal of proposal by Government party
        (1)    The application of section 3.19 extends to cases where --
                (a) section 3.7 does not apply; and
                (b) a proponent has not been determined under section 3.8.
        (2)    In that event --
15               (a) a notice may be given by the Government party that the
                       act will not be done; and
                 (b) the provisions of section 3.19 apply with all necessary
                       changes.

                  Division 4 -- Negotiations and agreements
20   3.21.     Meaning of "negotiation parties"
        (1)    References in this Part to "negotiation parties" in relation to a
               Part 3 act are references --
                (a) where section 3.7 applies, to --
                          (i) each proponent under that section;
25                       (ii) each objector; and



     page 44
                                          Native Title (State Provisions) Bill 1999
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                                     Negotiations and agreements        Division 4
                                                                            s. 3.22



                       (iii)   to the extent provided for by subsection (3), the
                               Government party;
                      or
                (b)   where section 3.7 does not apply, to --
 5                       (i) the Government party;
                        (ii) each objector; and
                       (iii) any person determined under section 3.8(2) to be
                             a proponent but only so long as the person
                             consents to being a negotiation party.
10      (2)   Where section 3.7 applies to a Part 3 act, a proponent under that
              section or an objector may in writing --
                (a) at any time request the Government party to be a
                      negotiation party; or
                (b) request the Government party to be no longer a
15                    negotiation party,
              in relation to that act.
        (3)   So long as --
               (a) a request by a proponent or objector under
                     subsection (2)(a) has effect; and
20             (b) there has been no request by the same proponent or
                     objector under subsection (2)(b),
              the Government party is a negotiation party in relation to the act
              concerned.

     3.22.    Negotiations
25      (1)   The negotiation parties must negotiate in good faith with a view
              to --
                (a) the objections to the doing of the act being withdrawn;
                     or

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     Division 4       Negotiations and agreements
     s. 3.22



                (b)    obtaining the agreement of the objectors to --
                         (i) the doing of the act; or
                        (ii) the doing of the act subject to conditions to be
                              complied with by any of the negotiation parties.
 5      (2)    For the purposes of subsection (1), the other negotiation parties
               must give the objectors an opportunity to state, either orally or
               in writing, their views regarding the doing of the act.
        (3)    Without limiting the scope of any negotiations, they may, if
               relevant, include the possibility of there being a condition that
10             has the effect that the objectors are to be entitled to payments
               worked out by reference to --
                 (a) the amount of profits made;
                 (b) any income derived; or
                 (c) any things produced,
15             by any other negotiation party as a result of doing anything in
               relation to the relevant land after the act is done.
        (4)    Without limiting the scope of any negotiations, the nature and
               extent of the following may be taken into account --
                 (a) existing rights and interests in relation to the relevant
20                     land that are not registered native title rights and
                       interests;
                 (b) existing use of the relevant land by persons other than
                       the objectors; and
                 (c) the practical effect of the exercise of --
25                        (i) those existing rights and interests; and
                         (ii) that existing use,
                       on the exercise of any registered native title rights and
                       interests in relation to the relevant land.


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                                     Negotiations and agreements        Division 4
                                                                            s. 3.23



        (5)   The fact that a negotiation party refuses or fails to negotiate as
              mentioned in subsection (1) about matters unrelated to the effect
              of the act on the registered native title rights and interests of the
              objectors, does not mean that the negotiation party has not
 5            negotiated in good faith for the purposes of that subsection.
        (6)   The negotiation parties for the time being may begin
              negotiations even though the closing day in relation to the act
              concerned has not arrived.

     3.23.    Involvement of Commission, including mediation
10      (1)   If any of the negotiation parties requests the Commission to do
              so, the Commission must mediate among the parties to assist in
              resolving the differences between them.
        (2)   The negotiation parties must report to the Commission on
              progress made in the negotiations at such time or times as the
15            Commission may in writing direct.
        (3)   If the Commission considers that the negotiation parties or any
              of them are not making sufficient attempts to reach an
              agreement the Commission is to use its best endeavours to have
              the parties negotiate as required by section 3.22(1).

20   3.24.    Withdrawal of objection
        (1)   At any time before a determination is made under Division 5 in
              relation to an objection the objector may withdraw the objection
              by notice in writing given to the Commission.
        (2)   The Commission is to notify the negotiation parties of any such
25            withdrawal.

     3.25.    Agreement made by parties
              If at any time before any determination is made under
              Division 5 the negotiation parties make an agreement of the

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     s. 3.26



               kind mentioned in section 3.22(1), they may give a copy of it to
               the Commission.

     3.26.     Commission's function in respect of an agreement
        (1)    This section applies only if the Government party is not a
 5             negotiation party.
        (2)    Where a copy of an agreement is given to the Commission
               under section 3.25 it is to consider the agreement and either --
                 (a) accept the agreement if the Commission is satisfied as to
                      the matters set out in subsection (3); or
10               (b) decline to accept the agreement if it is not so satisfied.
        (3)    The matters as to which the Commission is to be satisfied are
               that --
                 (a) the negotiation parties have made the agreement;
                 (b) the agreement has been properly executed; and
15               (c) no party has alleged, and proved to the Commission,
                      that the party did not freely and voluntarily enter into the
                      agreement.
        (4)    If the Commission accepts the agreement it is to --
                 (a)   give notice in writing of that fact to the parties and to the
20                     Government party; and
                (b)    give the Government party a copy of the agreement.

     3.27.     Effect of conditional agreement
        (1)    An agreement that a Part 3 act may be done subject to
               conditions being complied with by the negotiation parties has
25             effect --
                 (a) if a copy of the agreement is given to the Commission
                       under section 3.25 and is accepted by the Commission
                       under section 3.26(2); and

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                                                   Determinations       Division 5
                                                                            s. 3.28



                (b)   if the act is done,
              as if the conditions were terms of a contract among the
              negotiation parties.
        (2)   Subsection (1) is in addition to --
 5             (a) any other effect that the agreement may have apart from
                     this section; and
               (b) any condition that the Government party may impose in
                     relation to the act in order to give effect to the
                     agreement.
10      (3)   If an objector is a registered native title claimant, any other
              person included in the native title claim group concerned is
              taken to be a negotiation party for the purposes only of this
              section.

                          Division 5 -- Determinations

15      Subdivision 1 -- Ministerial determination where Commission
                     determination unreasonably delayed

     3.28.    Responsible Minister may give Commission notice as to
              urgency
        (1)   At any time later than 4 months after the Commission has given
20            a notice under section 3.39 in respect of a Part 3 act and before
              either --
                (a) an agreement of the kind mentioned in section 3.22(1)
                      has been --
                         (i) made by the negotiation parties;
25                      (ii) given to the Commission under section 3.25; and
                       (iii) accepted by the Commission under
                             section 3.26(2);
                      or

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     Division 5       Determinations
     s. 3.29



                (b)    the Commission has made a determination under
                       section 3.44,
               the responsible Minister may give a written notice to the
               Commission requesting it to make such a determination within
 5             the period specified in the notice.
        (2)    The period must end at a time later than 6 months after the
               notice under section 3.39 was given.

     3.29.     Responsible Minister may make determination
        (1)    The responsible Minister may, subject to section 3.30, make a
10             determination in respect of a Part 3 act if --
                 (a)   the Commission has not made a determination in respect
                       of the act within the period specified in a notice under
                       section 3.28;
                (b)    all objections to the doing of the act lodged under
15                     section 3.15 have not been --
                          (i) withdrawn under section 3.24; or
                         (ii) dismissed under section 3.41;
                 (c)   no agreement of the kind mentioned in section 3.22(1)
                       has been --
20                        (i) made in relation to the act;
                         (ii)   given to the Commission under section 3.25; and
                        (iii)   accepted by the Commission under
                                section 3.26(2);
                       and
25              (d)    the responsible Minister has complied with the
                       requirements of sections 3.31, 3.32 and 3.33.
        (2)    The determinations that the responsible Minister may make
               are --
                 (a) a determination that the act may be done;

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                                                   Determinations       Division 5
                                                                            s. 3.30



                (b)   a determination that the act must not be done; or
                (c)   a determination that the act may be done subject to
                      conditions to be complied with by any of the negotiation
                      parties.
 5      (3)   A determination must be made by the responsible Minister
              personally.

     3.30.    Grounds for making determination
        (1)   The responsible Minister may only make a determination under
              section 3.29 if he or she considers that --
10              (a) the Commission is unlikely to make its determination
                      within a period that is reasonable having regard to all the
                      circumstances; and
                (b) it is in the interests of the State to make the
                      determination at the time.
15      (2)   Subsection (1) does not prevent the responsible Minister from
              having regard to other matters in deciding whether to make a
              determination.

     3.31.    Consultation with Commonwealth Minister
              The responsible Minister may only make a determination of the
20            kind described in section 3.29(2)(a) or (c) after he or she has
              consulted the Commonwealth Minister about the determination.

     3.32.    Notice and submissions etc.
        (1)   Before making a determination under section 3.29, the responsible
              Minister must give notice in accordance with this section.
25      (2)   The responsible Minister must give written notice to the
              Commission requiring it, by the end of the day specified in the
              notice, to give to --
                (a) the Minister; and


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     Division 5       Determinations
     s. 3.32



                (b)    each negotiation party,
               a summary of material that has been presented to the
               Commission in the course of the Commission considering
               whether to make a determination under section 3.44 in respect
 5             of the act concerned.
        (3)    The responsible Minister must give written notice to each
               negotiation party that the Minister is considering making the
               determination and that each negotiation party --
                 (a) may, by the end of the day specified in the notice, give
10                     the Minister any submission or other material that the
                       negotiation party wants the Minister to take into account
                       in deciding whether to make the determination and, if
                       so, its terms;
                 (b) if the negotiation party does so, must also give each of
15                     the other negotiation parties a copy of the submission or
                       other material; and
                 (c) may, within 7 days after the specified day, in response to
                       any submission or other material given by --
                          (i) any other negotiation party; or
20                       (ii) the Commission,
                       give the Minister any further submission or other
                       material that the negotiation party wants the Minister to
                       take into account as mentioned in paragraph (a).
        (4)    The day specified under subsection (2) or (3) must --
25              (a) be the same in all of the notices given under the
                      subsections; and
                (b) be a day by which, in the responsible Minister's opinion,
                      it is reasonable to assume that all of the notices so
                      given --
30                       (i) will have been received by; or

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                                                   Determinations       Division 5
                                                                            s. 3.33



                        (ii) will otherwise have come to the attention of,
                      the persons who must be so notified.
        (5)   If the responsible Minister complies with this section, there is
              no requirement for any person to be given any further hearing
 5            before the responsible Minister makes the determination.

     3.33.    Material etc. taken into account
              In making the determination, the responsible Minister --
                (a) must take into account --
                        (i) any submission or material provided by any of
10                          the negotiation parties in accordance with
                            subsection (3) of section 3.32, but only if the
                            negotiation party has complied with the
                            requirements of paragraph (b) of that subsection;
                       (ii) any report provided by the Commission; and
15                    (iii) any consultations with the Commonwealth
                            Minister under section 3.31;
                     and
                (b) may, but need not, take into account any other matter or
                     thing.

20   3.34.    Minister's power not limited
              The fact that no submission or other material of the kind
              mentioned in section 3.32 has been given to the Minister before
              the end of the day specified in the notice does not prevent the
              Minister from making the determination.

25   3.35.    No duty to make determination
        (1)   The responsible Minister does not have a duty to make a
              determination under section 3.29.


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     s. 3.36



        (2)    This is so despite --
                (a) the giving of any notice by the Minister;
                (b) the giving of any submission or other material to the
                       Minister;
 5              (c) any request by a negotiation party for the responsible
                       Minister to make the determination; and
                (d) any other circumstance.

     3.36.     Conditions to have contractual effect
        (1)    Any provision in a determination under section 3.29 that the act
10             may be done subject to conditions being complied with by any
               of the negotiation parties has effect, if the act is done, as if the
               conditions were terms of a contract among the negotiation
               parties.
        (2)    Subsection (1) is in addition to --
15              (a) the effect that the determination has apart from this
                      section; and
                (b) any condition that the Government party may impose in
                      relation to the act in order to give effect to the
                      determination.
20      (3)    If an objector is a registered native title claimant, any other
               person included in the native title claim group concerned is
               taken to be a negotiation party for the purposes only of this
               section.

     3.37.     Copy of determination to be given
25             The responsible Minister must give a copy of any determination
               under section 3.29 to the negotiation parties and the
               Commission.



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     Right to negotiate procedures for areas not covered by Part 2           Part 3
                                                   Determinations       Division 5
                                                                            s. 3.38



     3.38.    Copy of determination to be laid before Parliament
        (1)   The responsible Minister must cause a copy of a determination
              under section 3.29, together with reasons for the determination,
              to be laid before each House of Parliament.
 5      (2)   Subsection (1) is to be complied with as soon as is practicable
              after the determination is made and in any case, in relation to a
              House of Parliament, within 15 sitting days of that House after
              the determination is made.

                Subdivision 2 -- Determination by Commission

10   3.39.    Commission may notify intention to hear
        (1)   The Commission may give notice to the negotiation parties that
              it intends to hear and determine objections to the doing of a
              Part 3 act --
                 (a) if --
15                        (i) an agreement of the kind mentioned in
                              section 3.22(1) has not been --
                                  (I) made by the negotiation parties;
                                 (II) given to the Commission under
                                        section 3.25; and
20                              (III) accepted by the Commission under
                                        section 3.26(2);
                              or
                         (ii) all objections to the doing of the act have not
                              been withdrawn;
25                     and
                 (b) if the Commission considers that any mediation
                       requested under section 3.23(1) has been completed.



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     s. 3.39



        (2)    A notice under subsection (1) in respect of a Part 3 act may be
               given by the Commission --
                 (a) of its own motion, but only after the expiry of the
                      negotiation period; or
 5               (b) on the application of a negotiation party made after the
                      expiry of that period.
        (3)    Before the Commission gives a notice under subsection (1) of
               its own motion, it must give the negotiation parties an
               opportunity to inform it whether the making of an agreement of
10             the kind mentioned in section 3.22(1) is imminent.
        (4)    The Commission must grant an application made under
               subsection (2)(b) if --
                 (a) a determination has not been made under section 3.29;
                 (b) the application --
15                      (i) complies with section 3.57; and
                        (ii)   is accompanied by the things required by
                               section 3.58;
                       and
                 (c)   the applicant has not been shown to be at fault.
20      (5)    For the purposes of subsection (4)(c), an applicant is shown to
               be at fault if another negotiation party alleges to the
               Commission, and proves to its satisfaction, that the applicant did
               not negotiate in good faith as required by section 3.22(1).
        (6)    Without limiting section 6.22, a notice under subsection (1) may
25             relate to more than one act and the objections to the doing of the
               act.
        (7)    In this section --
               "negotiation period" means the period beginning on the
                   closing day and ending 4 months after that day.

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                                                   Determinations       Division 5
                                                                            s. 3.40



     3.40.    Negotiations may continue
              Where the Commission --
                (a)   has given notice under section 3.39; but
                (b)   has not made a determination,
 5            in respect of a Part 3 act, the negotiation parties may continue to
              negotiate with a view to --
                (c) bringing about an agreement of the kind mentioned in
                      section 3.22(1); or
                (d) the withdrawal of the objections.

10   3.41.    Dismissal of objections
        (1)   The Commission must dismiss an objection if --
               (a) it is not made by a registered native title body corporate
                    or a registered native title claimant as required by
                    section 3.15; or
15             (b) none of the rights and interests claimed to be affected by
                    the doing of the act are registered native title rights and
                    interests of the objector.
        (2)   The Commission must notify an objector of the dismissal of his
              or her objection.

20   3.42.    Time for making determination
        (1)   The Commission must take all reasonable steps to make a
              determination under section 3.44 in respect of a Part 3 act
              within the period of 6 months ("the allowed period") starting
              when a notice under section 3.39 is given in respect of the act.
25      (2)   If it appears to the Commission that it will not make a
              determination within the allowed period, the Commission may,
              before the end of the period, ask the responsible Minister to
              extend the period, and that Minister may comply with the request.


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     s. 3.43



        (3)    An extended period may be further extended under
               subsection (2).
        (4)    The Commission must not make a determination after the end of
               the allowed period or any extended period.
 5      (5)    Nothing in subsection (2) or (3) affects the operation of
               Subdivision 1.

     3.43.     No determination if agreement etc.
               The Commission must not make a determination in respect of a
               Part 3 act if --
10               (a) all of the objections to the doing of the act have been
                       withdrawn;
                (b) an agreement of the kind mentioned in section 3.22(1)
                       has been --
                          (i) made by the negotiation parties;
15                       (ii) given to the Commission under section 3.25; and
                        (iii) accepted by the Commission under
                               section 3.26(2);
                       or
                 (c) a determination has been made under section 3.29.

20   3.44.     Making of determination
        (1)    Subject to section 3.43, the Commission must make one of the
               following determinations --
                 (a) a determination that the act may be done;
                 (b) a determination that the act may be done subject to
25                    conditions specified in the determination to be complied
                      with by any of the negotiation parties;
                 (c) a determination that the act must not be done.


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                                                                            s. 3.45



        (2)   The Commission may specify conditions under
              subsection (1)(b) only if they relate to the doing of the act as it
              affects registered native title rights and interests in relation to
              the relevant land.
 5      (3)   The Commission must not determine a condition under
              subsection (1)(b) that has the effect that an objector is to be
              entitled to payments worked out by reference to --
                (a) the amount of profits made;
                (b) any income derived; or
10              (c) any things produced,
              by any other negotiation party as a result of doing anything in
              relation to the relevant land after the act is done.

     3.45.    Criteria for making determinations
        (1)   In making its determination in respect of a Part 3 act, the
15            Commission must take into account the following --
                (a) the effect of the act on --
                        (i) the enjoyment by the objectors of their registered
                             native title rights and interests;
                       (ii) the way of life, culture and traditions of any of
20                           the objectors;
                      (iii) the development of the social, cultural and
                             economic structures of any of the objectors;
                      (iv) the freedom of access by any of the objectors to
                             the relevant land and their freedom to carry out
25                           rites, ceremonies or other activities of cultural
                             significance on the relevant land in accordance
                             with their traditions; and
                       (v) any area or site on the relevant land of particular
                             significance to the objectors in accordance with
30                           their traditions;

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                (b)    the interests, proposals, opinions or wishes of the
                       objectors in relation to the management, use or control
                       of the relevant land in relation to which there are
                       registered native title rights and interests of the objectors
 5                     that will be affected by the act;
                 (c)   the economic or other significance of the act to --
                          (i) Australia;
                         (ii) this State;
                        (iii) the area in which the relevant land is located; and
10                      (iv) Aboriginal peoples who live in that area;
                (d)    any public interest in the doing of the act; and
                (e)    any other matter that the Commission considers
                       relevant.
        (2)    While taking into account the effect of a Part 3 act as mentioned
15             in subsection (1)(a), the Commission must also take into
               account the nature and extent of --
                 (a) existing rights and interests that are not native title rights
                       and interests, in relation to the relevant land; and
                 (b) existing use of the relevant land by persons other than
20                     the objectors.
        (3)    Taking into account the effect of a Part 3 act on areas or sites
               mentioned in subsection (1)(a)(v) does not affect the operation
               of any law of the Commonwealth or the State for the
               preservation or protection of those areas or sites.

25   3.46.     Issues on which parties agree
        (1)    Before making its determination, the Commission must
               ascertain whether the negotiation parties have an agreed
               position on any issues relevant to its determination.



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                                                                            s. 3.47



        (2)   If there is any such issue, and all of the negotiation parties
              consent, the Commission in making its determination --
                (a) must take that agreed position into account; and
                (b) need not take into account the matters mentioned in
 5                     section 3.45 to the extent that the matters relate to that
                       issue.

     3.47.    Determination may provide for issues to be resolved later
        (1)   A determination may, with the consent of the negotiation
              parties, provide that a particular matter that --
10              (a) is not reasonably capable of being determined when the
                       determination is made; and
                (b) is not directly relevant to the doing of the act,
              is to be the subject of further negotiations or to be determined in
              a specified manner.
15      (2)   If --
                (a)   the manner specified is arbitration by some person or
                      body other than the Commission; and
                (b)   the negotiation parties do not agree about the manner in
                      which the arbitration is to take place,
20            the Commission must determine the matter at an appropriate
              time.

     3.48.    No reopening of certain issues previously decided
        (1)   If --
                (a)   the Commission is making a determination in respect of
25                    a Part 3 act consisting of the creation of a right to mine
                      in relation to an area; and
                (b)   an agreement or a determination involving the same
                      negotiation parties was previously made in respect of a

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                       future act consisting of the creation of a right to mine in
                       relation to the same area; and
                 (c)   an issue was decided in the agreement or during the
                       proceedings before the Commission or an arbitral body,
 5             the negotiation parties must not, without leave of the
               Commission, seek to vary the decision on the issue.
        (2)    In subsection (1) --
               "agreement" means an agreement of the kind mentioned in
                    section 3.22(1) that is given to the Commission under
10                  section 3.25 and accepted by it under section 3.26(2);
               "determination" means a determination by --
                    (a) the Commission under this Part; or
                    (b) an arbitral body under the relevant provisions of the
                          NTA;
15             "relevant provisions of the NTA" means the following
                    provisions of Division 3 of Part 2 of the NTA --
                    (a) Subdivision B of that Division as in force
                          immediately before the commencement of item 9 of
                          Schedule 1 to the Native Title Amendment Act 1998
20                        of the Commonwealth; and
                    (b) Subdivision P of that Division.

     3.49.     Copy of determination to be given
               The Commission must give a copy of any determination under
               section 3.44 to the negotiation parties and the responsible
25             Minister.

     3.50.     Effect of conditional determination
        (1)    A determination by the Commission that a Part 3 act may be
               done subject to conditions being complied with by the


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                                                                            s. 3.51



              negotiation parties has effect, if the act is done, as if the
              conditions were terms of a contract among the negotiation
              parties.
        (2)   Subsection (1) is in addition to --
 5              (a)   the effect that the determination has apart from this
                      section; and
                (b)   any condition that the Government party may impose
                      in relation to the act in order to give effect to the
                      determination.
10      (3)   If an objector is a registered native title claimant, any other
              person included in the native title claim group concerned is
              taken to be a negotiation party for the purposes only of this
              section.

         Division 6 -- Overruling of Commission's determination
15   3.51.    Responsible Minister may overrule
        (1)   Subject to section 3.53, the responsible Minister may, by
              writing given to the Commission, make a declaration in
              accordance with section 3.52.
        (2)   A declaration cannot be made by the responsible Minister in
20            respect of a determination after 2 months have expired since the
              determination was made.
        (3)   The Commission must give a copy of the declaration to the
              negotiation parties concerned.

     3.52.    Declarations that responsible Minister may make
25      (1)   In the case of a determination under section 3.44(1)(a), the
              responsible Minister may make a declaration that the
              determination is overruled and a declaration either --
                (a) that the act to which it relates must not be done; or

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     Native Title (State Provisions) Bill 1999
     Part 3           Right to negotiate procedures for areas not covered by Part 2
     Division 6       Overruling of Commission's determination
     s. 3.53



                (b)    that the act to which it relates may be done subject to
                       specified conditions to be complied with by any of the
                       negotiation parties.
        (2)    In the case of a determination under section 3.44(1)(b), the
 5             responsible Minister may make a declaration that the
               determination is overruled and a declaration --
                 (a) that the act to which it relates must not be done;
                 (b) that the act to which it relates may be done; or
                 (c) that the act to which it relates may be done subject to
10                     specified conditions to be complied with by any of the
                       negotiation parties.
        (3)    In the case of a determination under section 3.44(1)(c), the
               responsible Minister may make a declaration that the
               determination is overruled and a declaration either --
15               (a) that the act to which it relates may be done; or
                 (b) that the act to which it relates may be done subject to
                       specified conditions to be complied with by any of the
                       negotiation parties.
        (4)    The responsible Minister may only specify conditions under this
20             section that relate to the doing of the act as it affects registered
               native title rights and interests in relation to the relevant land.
        (5)    In this section --
               "specified" means specified in the declaration.

     3.53.     Grounds on which declaration may be made
25             The responsible Minister may only make a declaration under
               section 3.51 on the grounds that it is in the interests of the State,
               or in the national interest, to do so.




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     Right to negotiate procedures for areas not covered by Part 2           Part 3
                         Overruling of Commission's determination       Division 6
                                                                            s. 3.54



     3.54.    Conditions in declaration
        (1)   A provision in a declaration by the responsible Minister under
              section 3.51 that a Part 3 act may be done subject to conditions
              being complied with by any of the negotiation parties has effect,
 5            if the act is done, as if the conditions were terms of a contract
              among the negotiation parties.
        (2)   Subsection (1) is in addition to the --
               (a) effect that the declaration has apart from this section;
                     and
10             (b) any condition that the Government party may impose in
                     relation to the act in order to give effect to the
                     declaration.
        (3)   If an objector is a registered native title claimant, any other
              person included in the native title claim group concerned is
15            taken to be a negotiation party for the purposes only of this
              section.

     3.55.    Responsible Minister may declare intention not to overrule
        (1)   The responsible Minister may by instrument given to the
              Commission declare that he or she does not intend to exercise
20            any power conferred by section 3.51 in respect of a particular
              determination.
        (2)   If an instrument is given to the Commission under
              subsection (1) the responsible Minister --
                (a) cannot revoke the instrument; and
25              (b) cannot exercise any power conferred by section 3.51 in
                       respect of the determination in question.
        (3)   The Commission is to notify the negotiation parties of the
              giving of an instrument to it under subsection (1).


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     Part 3           Right to negotiate procedures for areas not covered by Part 2
     Division 7       Applications
     s. 3.56



                            Division 7 -- Applications
     3.56.     Definition
               In this Division --
               "application" means an application under section 3.39(2)(b).

 5   3.57.     Form and contents of application
               An application must --
                (a) be made in accordance with the regulations; and
                (b) comply with the requirements of the regulations as to
                      the form or content of applications.

10   3.58.     Material and fees to accompany applications
               An application must be accompanied by any prescribed
               documents and any prescribed fee.

     3.59.     Application fee may be waived
               The Chief Commissioner may waive payment of the whole or
15             part of a fee payable by a person under section 3.58 where --
                 (a) in the Chief Commissioner's opinion, payment of the
                       whole or part of the fee would cause financial hardship
                       to the person; or
                 (b) for any other reason the Chief Commissioner considers
20                     it appropriate to do so.




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      Consultation procedures for acts to which section 24MD(6B)             Part 4
                                               of the NTA applies
                                                       Preliminary      Division 1
                                                                              s. 4.1


       Part 4 -- Consultation procedures for acts to which
              section 24MD(6B) of the NTA applies
                            Division 1 -- Preliminary
     4.1.     Object of this Part
 5            The object of this Part is to make provisions that --
                (a)   supplement, so far as the legislative power of the
                      Parliament permits, the provisions of subsection (6B) of
                      section 24MD of the NTA; and
                (b)   meet the State's obligation under paragraph (f) of that
10                    subsection to ensure that objections to which that
                      subsection applies are heard by an independent person
                      or body.

     4.2.     Acts to which this Part applies
              This Part applies to a future act ("a Part 4 act") done by the
15            State that consists of --
                (a) a permissible lease etc. renewal that comes within
                      section 24ID(4)(a) and (b) of the NTA;
                (b) a compulsory acquisition to which section 24MD(6B)(a)
                      of the NTA applies; or
20              (c) the creation or variation of a right to mine that is
                      referred to in section 24MD(6B)(b) of the NTA.

     4.3.     Requirements to be satisfied before a Part 4 act is done
        (1)   Before a Part 4 act is done the requirements of one of the
              paragraphs of subsection (2) must be satisfied in respect of the
25            act.




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     Part 4           Consultation procedures for acts to which section 24MD(6B)
                      of the NTA applies
     Division 1       Preliminary
     s. 4.3


        (2)    The requirements are --
                (a) no objection is lodged under section 4.11 before the
                      close of business on the closing day;
                (b) after the closing day, but immediately before the act is
 5                    done, there is no --
                         (i) registered native title body corporate; or
                        (ii) registered native title claimant,
                      in relation to any part of the relevant land;
                (c) all objections lodged under section 4.11 before the close
10                    of business on the closing day are --
                         (i) withdrawn under section 4.20; or
                        (ii) dismissed under section 4.24;
                (d) an agreement of the kind described in section 4.21 is
                      made by the consultation parties and given to the
15                    Commission under that section;
                (e) a recommendation is made that the act be done, or be
                      done subject to conditions being complied with, and the
                      recommendation --
                         (i) has not been overruled under section 4.33; and
20                      (ii) is no longer capable of being overruled --
                                  (I) because of section 4.33(2); or
                                 (II) because the responsible Minister has
                                        given an instrument to the Commission
                                        under section 4.38;
25               (f) a recommendation that the act not be done is overruled
                      under section 4.33; or
                (g) a recommendation --
                         (i) that the act be done; or



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                                          Native Title (State Provisions) Bill 1999
      Consultation procedures for acts to which section 24MD(6B)             Part 4
                                               of the NTA applies
                                           Notices and objections       Division 2
                                                                              s. 4.4


                        (ii)  that the act be done subject to conditions being
                              complied with,
                      is overruled under section 4.33 and a determination is
                      made under that section that the act may be done subject
 5                    to conditions being complied with.
        (3)   In subsection (2) --
              "close of business" means the close of business of the
                   Government party as specified in accordance with
                   section 4.9(2)(f).

10   4.4.     Other statutory requirements not affected
              Nothing in section 4.3, or in an agreement, recommendation or
              determination under this Part, authorizes the Government party
              to do a Part 4 act without complying with any requirements of
              another written law that apply to the doing of the act.

15                    Division 2 -- Notices and objections
     4.5.     Proponent where act relates to mining
              Where the Part 4 act, if done, would create or vary a right to
              mine, the proponent for the purposes of this Part is the person
              who under the relevant written law is the applicant for the right
20            to mine or the variation.

     4.6.     Identification of proponents in other cases
        (1)   This section applies where the Part 4 act is not covered by
              section 4.5.
        (2)   The Government party is to determine the person or persons (if
25            any) who, because of an application, request or submission
              made by the person or persons for the act to be done, are to be
              treated as the proponent or proponents in relation to the act for
              the purposes of this Part.

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     Part 4           Consultation procedures for acts to which section 24MD(6B)
                      of the NTA applies
     Division 2       Notices and objections
     s. 4.7


        (3)    The Government party may amend a determination under
               subsection (2).
        (4)    The Government party must give notice in writing to each
               proponent of --
 5               (a) a determination under subsection (2); and
                 (b) any amendment of a determination,
               relating to that proponent.
        (5)    If there is any other consultation party in relation to the act at
               the time when a notice is given under subsection (4) the
10             Government party must give a copy of the notice to each other
               consultation party.

     4.7.      Closing day for objections
        (1)    The Government party is to fix, for every Part 4 act, a closing
               day for the lodgment of objections to the doing of the act.
15      (2)    The Government party may fix a later closing day for the
               lodgment of objections to the doing of a Part 4 act if the
               Government party is satisfied that it has not been reasonably
               practicable for section 4.9(1) to be complied with in respect of
               the act.

20   4.8.      Notification of acts by Government party
               Before a Part 4 act is done, the Government party must give
               notice in writing of the act to --
                 (a) any registered native title body corporate in relation to
                       any of the relevant land;
25               (b) any registered native title claimant in relation to any of
                       the relevant land; and
                 (c) any representative body for an area that includes any of
                       the relevant land.

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                                          Native Title (State Provisions) Bill 1999
      Consultation procedures for acts to which section 24MD(6B)             Part 4
                                               of the NTA applies
                                           Notices and objections       Division 2
                                                                              s. 4.9


     4.9.     Further provision as to notices
        (1)   The notices required by section 4.8 must be given at least
              2 months before the closing day.
        (2)   Every notice must show --
 5             (a) a clear description of the land or waters to which the act
                     relates;
               (b) a description of the nature of the act;
               (c) the title of the Government party who --
                        (i) would do the act; and
10                     (ii) will receive objections;
               (d) the address at which objections may be lodged and the
                     postal address to which they may be sent;
               (e) the closing day;
                (f) the time of close of business of the Government party on
15                   the closing day;
               (g) the name and address of any person who is a proponent
                     under section 4.5 or is determined to be a proponent
                     under section 4.6(2);
               (h) how further information about the act can be obtained;
20                   and
                (i) any other information that is prescribed for the purposes
                     of section 4.10(1)(a).
        (3)   The particulars referred to in subsection (2)(c), (d) and (f) are to
              be as determined by the Government party.

25   4.10.    Prescribed provisions about notice
        (1)   The regulations may make provision about the giving of notice
              under this Division including about --
                (a) the information that must be included in a notice; and

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     Part 4           Consultation procedures for acts to which section 24MD(6B)
                      of the NTA applies
     Division 2       Notices and objections
     s. 4.11


                (b)     how the requirement to give notice --
                          (i) may be satisfied either generally or in particular
                              types of cases; and
                         (ii) may be satisfied in conjunction with the giving
 5                            of notice under another written law that relates to
                              a Part 4 act.
        (2)    Regulations of the kind referred to in subsection (1)(b)(ii) may
               be expressed to be made under section 7.1 and under powers
               conferred by another written law.

10   4.11.     Right to object to doing of act
        (1)    A person that is, in relation to any part of the relevant land --
                (a) a registered native title body corporate; or
                (b) subject to subsection (3), a registered native title
                      claimant,
15             may lodge an objection to the doing of a Part 4 act.
        (2)    An objection may be lodged only on the ground that the doing
               of the act in relation to the relevant land would affect the
               person's registered native title rights and interests in relation to
               that land.
20      (3)    Subsection (1)(b) does not apply if there are one or more
               registered native title bodies corporate in relation to all of the
               relevant land.

     4.12.     Requirements for objections
               An objection must --
25              (a) be lodged with the Government party in accordance with
                      the requirements of the relevant notice;




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                                          Native Title (State Provisions) Bill 1999
      Consultation procedures for acts to which section 24MD(6B)             Part 4
                                               of the NTA applies
                                           Notices and objections       Division 2
                                                                            s. 4.13


                (b)   state the manner in which it is said that the doing of the
                      act would be likely to affect the objector's registered
                      native title rights and interests in relation to the relevant
                      land; and
 5              (c)   comply with any other requirements of the regulations
                      as to the form or content of objections.
     4.13.    Time limit
        (1)   An objection to the doing of a Part 4 act cannot be lodged after
              the closing day.
10      (2)   Where, on the application of a person made before the closing
              day, the Commission is satisfied that exceptional circumstances
              so require, the Commission may --
                (a) fix a later closing day for the lodgment of objections to
                      the doing of the act; and
15              (b) give such directions as the Commission thinks
                      appropriate as to the giving of notice of the day so fixed.
     4.14.    Government party to notify the Commission of objections
        (1)   The Government party must notify --
               (a) the Commission; and
20             (b) any proponent,
              of the particulars of all objections to the doing of a Part 4 act
              lodged on or before the closing day.
        (2)   Notification under subsection (1) of an objection must be given
              not later than 14 days after the lodgment of the objection.

25   4.15.    Withdrawal of request etc. by proponent
        (1)   The proponent in relation to a Part 4 act may give notice in
              writing to --
               (a) the Commission;

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                      of the NTA applies
     Division 3       Consultation and agreements
     s. 4.16


                (b)    the other consultation parties (if any); and
                (c)    the Government party,
               that the proponent's application, request or submission for the
               doing of the act is withdrawn.
 5      (2)    If there is more than one proponent a notice under
               subsection (1) is of no effect unless it is given by all of the
               proponents jointly.
        (3)    The giving of a notice under subsection (1) to all of the persons
               referred to in that subsection brings to an end any procedures
10             that have begun under this Part.

     4.16.     Withdrawal of proposal by Government party
        (1)    The application of section 4.15 extends to cases where --
                (a) section 4.5 does not apply; and
                (b) a proponent has not been determined under
15                    section 4.6(2).
        (2)    In that event --
                 (a) a notice may be given by the Government party that the
                       act will not be done; and
                 (b) the provisions of section 4.15 apply with all necessary
20                     changes.

                  Division 3 -- Consultation and agreements
     4.17.     Meaning of "consultation parties"
               References in this Part to "consultation parties" in relation to a
               Part 4 act are references to --
25               (a) each proponent under section 4.5 and each objector; or
                (b) where section 4.5 does not apply --
                          (i) the Government party;

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                                          Native Title (State Provisions) Bill 1999
      Consultation procedures for acts to which section 24MD(6B)             Part 4
                                               of the NTA applies
                                    Consultation and agreements         Division 3
                                                                            s. 4.18


                        (ii)   each objector; and
                       (iii)   any person determined under section 4.6(2) to be
                               a proponent but only so long as the person
                               consents to being a consultation party.
 5   4.18.    Consultation
        (1)   The consultation parties must consult with each other in good
              faith about ways of minimizing the impact of the act on
              registered native title rights and interests in relation to the
              relevant land, including about --
10              (a) any access to the land or waters; or
                (b) the way in which any thing authorized by the act may be
                      done,
              with a view to bringing about the withdrawal of the objections.
        (2)   The consultation parties for the time being may begin
15            consultations even though the closing day for the act concerned
              has not arrived.

     4.19.    Involvement of Commission, including mediation
        (1)   If any of the consultation parties requests the Commission to do
              so, the Commission must mediate among the parties to assist in
20            resolving the differences between them on the relevant matters
              mentioned in section 4.18.
        (2)   The consultation parties must report to the Commission on
              progress made in the consultations at such time or times as the
              Commission may in writing direct.
25      (3)   If the Commission considers that the consultation parties or any
              of them are not making sufficient attempts to resolve their
              differences the Commission is to use its best endeavours --
                (a) to have the parties consult together as required by
                      section 4.18; and

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     Part 4           Consultation procedures for acts to which section 24MD(6B)
                      of the NTA applies
     Division 4       Recommendations of the Commission
     s. 4.20


                (b)   to bring about --
                         (i) a resolution of the differences between them on
                              the relevant matters mentioned in section 4.18; or
                        (ii) the withdrawal of the objections.

 5   4.20.     Withdrawal of objection
        (1)    At any time before a recommendation is made under Division 4
               in relation to an objection the objector may withdraw the
               objection by notice in writing given to the Commission.
        (2)    The Commission is to notify the consultation parties of any such
10             withdrawal.

     4.21.     Agreement made by parties
               If at any time before a recommendation is made under
               Division 4 the consultation parties make an agreement that
               resolves the issues on which the objections were based, they
15             may give a copy of it to the Commission.

              Division 4 -- Recommendations of the Commission
     4.22.     Commission may notify intention to hear
        (1)    The Commission may, after the consultation period for a Part 4
               act has expired, give notice to the consultation parties that it
20             intends to hear and determine objections to the doing of the
               act --
                 (a) if --
                          (i) all of the objections have not been withdrawn; or
                         (ii) an agreement of the kind described in
25                             section 4.21 has not been made between the
                               consultation parties and given to the Commission
                               under that section;
                       and

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      Consultation procedures for acts to which section 24MD(6B)             Part 4
                                               of the NTA applies
                           Recommendations of the Commission            Division 4
                                                                            s. 4.23


                (b)   if the Commission considers that any mediation
                      requested under section 4.19(1) has been completed.
        (2)   A notice under subsection (1) in respect of a Part 4 act may be
              given by the Commission --
 5              (a) of its own motion; or
                (b) on the application of a consultation party.
        (3)   The Commission must grant an application made under
              subsection (2)(b) if the application complies with section 4.40
              and is accompanied by the things required by section 4.41.
10      (4)   Without limiting section 6.22, a notice under subsection (1) may
              relate to more than one act and the objections to the doing of the
              act.
        (5)   In this section --
              "consultation period" means the period beginning on the
15                 closing day and ending 4 months after that day.

     4.23.    Consultations may continue
              Where the Commission --
               (a) has given notice under section 4.22; but
               (b) has not made a recommendation,
20            in respect of a Part 4 act, the consultation parties may continue
              to consult together with a view to bringing about --
                (c) a resolution of the issues on which the objections are
                      based; and
                (d) the withdrawal of the objections.




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                      of the NTA applies
     Division 4       Recommendations of the Commission
     s. 4.24


     4.24.     Dismissal of objections
        (1)    The Commission must dismiss an objection if --
                (a)   it is not made by a registered native title body corporate
                      or a registered native title claimant as required by
 5                    section 4.11(1); or
                (b)   none of the rights and interests claimed to be affected by
                      the doing of the act are registered native title rights and
                      interests of the objector.
        (2)    The Commission must notify an objector of the dismissal of his
10             or her objection.

     4.25.     Time for making recommendation
        (1)    Subject to section 4.26, the Commission must take all
               reasonable steps to make a recommendation in respect of a
               Part 4 act within the period of 4 months ("the allowed period")
15             starting when a notice under section 4.22 is given in respect of
               the act.
        (2)    If it appears to the Commission that it will not make a
               recommendation within the allowed period, the Commission
               may before the end of the period ask the responsible Minister to
20             extend the period, and that Minister may comply with the
               request.
        (3)    An extended period may be further extended under
               subsection (2).

     4.26.     No recommendation if agreement etc.
25             The Commission must not make a recommendation in respect of
               a Part 4 act if --
                 (a) all of the objections to the doing of the act have been
                       withdrawn; or


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                                          Native Title (State Provisions) Bill 1999
      Consultation procedures for acts to which section 24MD(6B)             Part 4
                                               of the NTA applies
                           Recommendations of the Commission            Division 4
                                                                            s. 4.27


                (b)   an agreement of the kind described in section 4.21 has
                      been made between the consultation parties and given to
                      the Commission under that section.

     4.27.    Making of recommendation
 5      (1)   Except where section 4.26 applies, the Commission must make
              one of the following recommendations --
                (a) that the act be done;
               (b) that the act be done subject to specified conditions being
                      complied with by any of the consultation parties;
10              (c) that the act not be done.
        (2)   The Commission may specify conditions under
              subsection (1)(b) only if they relate to the doing of the act as it
              affects registered native title rights and interests in relation to
              the relevant land.

15   4.28.    Criteria for making recommendations
        (1)   In making its recommendation in respect of any Part 4 act, the
              Commission must --
                (a) take into account the impact of the act on registered
                     native title rights and interests of the objectors in
20                   relation to the relevant land; and
                (b) unless it recommends that the act not be done, consider
                     ways in which that impact can be minimized.
        (2)   In addition, in making its recommendation in respect of a Part 4
              act that is not a compulsory acquisition that comes within
25            section 24MD(6B)(a) of the NTA, the Commission must
              consider questions of --
                (a) access to the relevant land; and
                (b) the way in which any thing authorized by the act may be
                       done.

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                      of the NTA applies
     Division 4       Recommendations of the Commission
     s. 4.29


        (3)    The Commission must also take into account the nature and
               extent of --
                 (a) existing rights and interests that are not native title rights
                       and interests, in relation to the relevant land; and
 5               (b) existing use of the relevant land by persons other than
                       the objectors.

     4.29.     Issues on which parties agree
        (1)    Before making its recommendation, the Commission must
               ascertain whether the consultation parties have an agreed
10             position on any issues relevant to its recommendation.
        (2)    If there is any such issue, and all of the consultation parties
               consent, the Commission in making its recommendation --
                 (a) must take that agreed position into account; and
                 (b) need not take into account the matters mentioned in
15                      section 4.28, to the extent that the matters relate to that
                        issue.

     4.30.     Copy of recommendation to be given
               The Commission must give a copy of any recommendation
               under section 4.27 to the consultation parties and the
20             responsible Minister.

     4.31.     Effect of recommendation
               A recommendation must be complied with by the Government
               party unless it is overruled by a determination of the responsible
               Minister under section 4.33.

25   4.32.     Effect of recommendation that specifies conditions
        (1)    A recommendation by the Commission that a Part 4 act may be
               done subject to conditions being complied with by the


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                                          Native Title (State Provisions) Bill 1999
      Consultation procedures for acts to which section 24MD(6B)             Part 4
                                               of the NTA applies
                                  Overruling of recommendations         Division 5
                                                                            s. 4.33


              consultation parties has effect, if the act is done, as if the
              conditions were terms of a contract among the consultation
              parties.
        (2)   Subsection (1) is in addition to --
 5              (a)   the effect that the recommendation has under
                      section 4.31; and
                (b)   any condition that the Government party may impose in
                      relation to the act in order to give effect to the
                      recommendation.
10      (3)   If an objector is a registered native title claimant, any other
              person included in the native title claim group concerned is
              taken to be a consultation party for the purposes only of this
              section.

               Division 5 -- Overruling of recommendations
15   4.33.    Responsible Minister may overrule a recommendation
        (1)   Subject to sections 4.35 and 4.36, the responsible Minister may,
              by writing given to the Commission, make a determination in
              accordance with section 4.34.
        (2)   A determination cannot be made by the responsible Minister in
20            respect of a recommendation after 2 months have expired since
              the recommendation was made.
        (3)   The Commission must give a copy of the determination to the
              consultation parties concerned.

     4.34.    Determinations that responsible Minister may make
25      (1)   In the case of a recommendation under section 4.27(1)(a), the
              responsible Minister may make a determination that the
              recommendation is overruled and either --
                (a) that the act to which it relates must not be done; or

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                      of the NTA applies
     Division 5       Overruling of recommendations
     s. 4.35


                (b)    that the act to which it relates may be done subject to
                       specified conditions to be complied with by any of the
                       consultation parties.
        (2)    In the case of a recommendation under section 4.27(1)(b), the
 5             responsible Minister may make a determination that the
               recommendation is overruled and --
                 (a) that the act to which it relates must not be done;
                 (b) that the act to which it relates may be done; or
                 (c) that the act to which it relates may be done subject to
10                     specified conditions to be complied with by any of the
                       consultation parties.
        (3)    In the case of a recommendation under section 4.27(1)(c), the
               responsible Minister may make a determination that the
               recommendation is overruled and either --
15               (a) that the act to which it relates may be done; or
                 (b) that the act to which it relates may be done subject to
                       specified conditions to be complied with by any of the
                       consultation parties.
        (4)    The responsible Minister may only specify conditions under this
20             section that relate to the doing of the act as it affects registered
               native title rights and interests in relation to the relevant land.
        (5)    In this section --
               "specified" means specified in the determination.

     4.35.     Consultation before making of determination
25      (1)    This section applies if the effect of the responsible Minister's
               determination under section 4.33 is that the act may be done --
                 (a) unconditionally;
                 (b) subject to conditions being complied with; or


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                                          Native Title (State Provisions) Bill 1999
      Consultation procedures for acts to which section 24MD(6B)             Part 4
                                               of the NTA applies
                                  Overruling of recommendations         Division 5
                                                                            s. 4.36


                (c)   subject to conditions being complied with that are
                      different in any respect from the conditions specified in
                      the recommendation that is overruled.
        (2)   If this section applies, the responsible Minister may only make a
 5            determination under section 4.33 after he or she has --
                (a) consulted the State Minister principally responsible for
                       indigenous affairs about --
                          (i) the Commission's recommendation; and
                         (ii) any determination that the responsible Minister
10                             may make;
                       and
                (b) taken into account any recommendation or advice made
                       or given by that Minister.
        (3)   Before the consultations referred to in subsection (2) are held,
15            the State Minister principally responsible for indigenous affairs
              is to be given --
                 (a) by the Commission, any submission or other material
                       that was put before it in relation to the recommendation
                       in question; and
20              (b) by the responsible Minister, any submission or other
                       material that has been put before him or her for the
                       purposes of the determination in question.
        (4)   The duty imposed by subsection (3)(b) applies subject to any
              direction given by the Commission under section 6.29.

25   4.36.    Ground on which determination may be made
        (1)   The responsible Minister may only make a determination under
              section 4.33 on the ground that it is in the interests of the State
              to do so.



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     Native Title (State Provisions) Bill 1999
     Part 4           Consultation procedures for acts to which section 24MD(6B)
                      of the NTA applies
     Division 5       Overruling of recommendations
     s. 4.37


        (2)    In subsection (1) --
               "in the interests of the State" includes --
                    (a) for the social or economic benefit of the State
                          (including of Aboriginal peoples); and
 5                  (b) in the interests of the relevant region or locality in
                          the State.

     4.37.     Conditions in determination
        (1)    A provision in a determination by the responsible Minister
               under section 4.33 that a Part 4 act may be done subject to
10             conditions being complied with by any of the consultation
               parties has effect, if the act is done, as if the conditions were
               terms of a contract among the consultation parties.
        (2)    Subsection (1) is in addition to --
                (a) the effect that the determination has apart from this
15                    section; and
                (b) any condition that the Government party may impose
                      in relation to the act in order to give effect to the
                      determination.
        (3)    If an objector is a registered native title claimant, any other
20             person included in the native title claim group concerned is
               taken to be a consultation party for the purposes only of this
               section.

     4.38.     Responsible Minister may declare intention not to overrule
        (1)    The responsible Minister may by instrument given to the
25             Commission declare that he or she does not intend to exercise
               any power conferred by section 4.33 in respect of a particular
               recommendation.




     page 84
                                          Native Title (State Provisions) Bill 1999
      Consultation procedures for acts to which section 24MD(6B)             Part 4
                                               of the NTA applies
                                                      Applications      Division 6
                                                                            s. 4.39


        (2)   If an instrument is given to the Commission under
              subsection (1) the responsible Minister --
                (a) cannot revoke the instrument; and
                (b) cannot exercise any power conferred by section 4.33 in
 5                     respect of the recommendation concerned.
        (3)   The Commission is to notify the consultation parties of the
              giving of an instrument to it under subsection (1).

                           Division 6 -- Applications
     4.39.    Definition
10            In this Division --
              "application" means an application under section 4.22(2)(b).
     4.40.    Form and contents of application
              An application must --
               (a) be made in accordance with the regulations; and
15             (b) comply with the requirements of the regulations as to
                     the form or content of applications.
     4.41.    Material and fees to accompany applications
              An application must be accompanied by any prescribed
              documents and any prescribed fee.
20   4.42.    Application fee may be waived
              The Chief Commissioner may waive payment of the whole or
              part of a fee payable by a person under section 4.41 where --
                (a) in the Chief Commissioner's opinion, payment of the
                      whole or part of the fee would cause financial hardship
25                    to the person; or
                (b) for any other reason the Chief Commissioner considers
                      it appropriate to do so.

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     Native Title (State Provisions) Bill 1999
     Part 5           Provisions relating to compensation
     Division 1       Preliminary
     s. 5.1



              Part 5 -- Provisions relating to compensation
                            Division 1 -- Preliminary
     5.1.      Definition
               In this Part, other than in section 5.2(1) and 5.2(2) --
 5             "native title holders", in relation to a Part 2 act, a Part 3 act or
                   a Part 4 act, means the persons who --
                   (a) hold native title; or
                   (b) immediately before the act was done, held native
                          title,
10                 in relation to the land affected by the act, but only if there
                   has been an approved determination of native title to that
                   effect, which includes the following cases if the act
                   concerned is a compulsory acquisition --
                   (c) where it is apparent from the terms of, or reasons for,
15                        the determination that the persons held native title
                          immediately before the acquisition; or
                   (d) where it is not apparent from the terms of, or reasons
                          for, the determination that native title did not exist
                          immediately before the acquisition.

20               Division 2 -- Determination of compensation
     5.2.      Commission to determine compensation for certain acts
        (1)    This section applies where a Part 2 act, a Part 3 act or a Part 4
               act is done, other than an act that is a compulsory acquisition of
               native title rights and interests for which the native title holders
25             in relation to the relevant land are entitled to compensation
               under the Land Administration Act 1997.



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                                      Native Title (State Provisions) Bill 1999
                          Provisions relating to compensation            Part 5
                              Determination of compensation         Division 2
                                                                          s. 5.2



     (2)   The native title holders are entitled to compensation on just
           terms under this section for any loss, diminution or impairment
           of, or other effect of the act on, their native title rights and
           interests.
 5   (3)   The principles set out in Division 3 apply to a determination of
           compensation under this section.
     (4)   The Commission, on application made --
            (a) is to determine the amount of any such compensation
                 and the native title holders entitled to receive it; and
10          (b) may make such orders as it considers appropriate,
                 including orders as to costs and other ancillary matters.
     (5)   The compensation is recoverable --
            (a) from any person who is made liable for the
                 compensation by a written law; or
15          (b) to the extent that --
                    (i) no such liability is provided for; or
                   (ii) an order under subsection (6) so provides,
                 from the Crown.
     (6)   If, on application made, the Commission is satisfied that --
20          (a)   a person who is made liable as mentioned in
                  subsection (5)(a) no longer exists; or
            (b)   there is no reasonable prospect of the compensation, or
                  part of it, being recovered from that person,
           the Commission may order that the compensation, or the part in
25         question, is recoverable from the Crown.
     (7)   If compensation is recovered from the Crown because of an
           order under subsection (6), the Crown is subrogated to the rights
           that the native title holders concerned had against the person


                                                                        page 87
     Native Title (State Provisions) Bill 1999
     Part 5           Provisions relating to compensation
     Division 2       Determination of compensation
     s. 5.3



               referred to in that subsection in relation to the recovery of the
               amount paid.
        (8)    An application under subsection (4) or (6) is to be made --
                (a) by the native title holders concerned; or
 5              (b) on their behalf, by a native title holder concerned or a
                      registered native title body corporate,
               and is to be made in accordance with any requirements of the
               regulations.

     5.3.      Enforcement of order for compensation
10      (1)    Where compensation is recoverable by or on behalf of a native
               title holder by virtue of an order under section 5.2, the Chief
               Commissioner, on application by or on behalf of the native title
               holder, is to issue a certified copy of the order.
        (2)    If the certified copy is lodged with the clerk or registrar of a
15             court in accordance with the rules of court, the clerk or registrar
               is to register the order.
        (3)    The order when registered may be enforced as if it were an
               order made by the court.
        (4)    In this section --
20             "court" means --
                    (a) a Local Court, if the order would be within the
                           monetary limit of the jurisdiction of a Local Court in
                           respect of the recovery of debts;
                    (b) if paragraph (a) does not apply, the District Court, if
25                         the order would be within the monetary limit of the
                           jurisdiction of that Court in respect of the recovery of
                           debts; or
                    (c) otherwise, the Supreme Court.


     page 88
                                            Native Title (State Provisions) Bill 1999
                                Provisions relating to compensation            Part 5
     Principles to be applied in the determination of compensation        Division 3
                                                                                s. 5.4



       Division 3 -- Principles to be applied in the determination of
                              compensation
     5.4.     No multiple compensation for essentially same act
              Compensation under this Part --
 5             (a) is only payable once for acts that are essentially the
                   same; and
               (b) is to be determined taking into account any
                   compensation awarded under another written law, or the
                   NTA, for essentially the same act.

10   5.5.     Compensation principles to be as for ordinary title
              The Commission in determining compensation for an act under
              this Part must, subject to sections 5.6 and 5.7, have regard to
              any principles or criteria for determining compensation set out
              in a written law that would apply to the determination if the
15            native title holders instead held ordinary title to any land or
              waters concerned and to the land adjoining or surrounding any
              waters concerned.

     5.6.     Compensation to be monetary
              Subject to section 5.7, compensation may only consist of the
20            payment of money.

     5.7.     Requests for non-monetary compensation
        (1)   If the person claiming compensation under this Part requests
              that the whole or part of the compensation should consist of the
              transfer of property or the provision of goods or services, the
25            Commission --
                (a) must consider the request; and
                (b) may, instead of determining the whole or any part of the
                      compensation, recommend that the person liable to give

                                                                              page 89
     Native Title (State Provisions) Bill 1999
     Part 5           Provisions relating to compensation
     Division 4       Determination of amounts to be held in trust and payment of
                      those amounts
     s. 5.8


                       the compensation should, within a specified period,
                       transfer property or provide goods or services in
                       accordance with the recommendation.
        (2)    If the person does not transfer the property or provide the goods
 5             or services in accordance with the recommendation, the person
               claiming compensation may request the Commission to
               determine instead that the whole or the part of the compensation
               concerned is to consist of the payment of money.
        (3)    If the person does transfer the property or provide the goods or
10             services in accordance with the recommendation --
                 (a) the transfer of the property or provision of the goods or
                       services constitutes full or part compensation for the act,
                       as the case may be; and
                 (b) the entitlement to compensation is taken to have been
15                     determined in accordance with the provisions of this
                       Part.

     Division 4 -- Determination of amounts to be held in trust and
                      payment of those amounts
     5.8.      Conditions for payment of amounts to be held in trust
20      (1)    This section applies to a condition in one of the following
               instruments --
                 (a) a determination by the responsible Minister under
                       section 3.29;
                 (b) a determination by the Commission under section 3.44;
25                     and
                 (c) a declaration by the responsible Minister under
                       section 3.51.




     page 90
                                         Native Title (State Provisions) Bill 1999
                            Provisions relating to compensation             Part 5
      Determination of amounts to be held in trust and payment of      Division 4
                                                    those amounts
                                                                             s. 5.9


        (2)   If a condition is that an amount is to be paid and held in trust
              until it is dealt with in accordance with section 5.9 --
                (a) the Commission must determine the amount; and
                (b) the amount, when paid, must be held in trust in
 5                      accordance with the regulations until it is dealt with in
                        accordance with that section.

     5.9.     How amounts held in trust to be dealt with
              The relevant provisions of sections 5.10 to 5.15 apply if an
              amount ("the trust amount") in respect of an act is being held
10            in trust in accordance with a condition referred to in
              section 5.8(2) and any of the following happens --
                (a) an approved determination of native title is made to the
                       effect that there is no native title in relation to the area
                       concerned immediately before the act takes place;
15              (b) the Government party informs the trustee in writing that
                       it is not going to do the act;
                (c) the following requirements are satisfied --
                          (i) an approved determination of native title is made
                                to the effect that the persons concerned are
20                              (disregarding any holding of the native title in
                                trust under Part 2 Division 6 of the NTA) the
                                native title holders in relation to the area affected
                                by the act;
                         (ii) the registered native title body corporate advises
25                              the trustee that it wishes to accept the trust
                                amount instead of any compensation to which
                                the native title holders may be entitled for the act
                                under this Act or another written law; and
                        (iii) the person who paid the trust amount advises the
30                              trustee that the person agrees to the registered
                                native title body corporate accepting the trust

                                                                             page 91
     Native Title (State Provisions) Bill 1999
     Part 5           Provisions relating to compensation
     Division 4       Determination of amounts to be held in trust and payment of
                      those amounts
     s. 5.10


                                amount instead of any compensation to which
                                the native title holders may be entitled for the act
                                under this Act or another written law;
                (d)    a determination is made, on a claim for compensation in
 5                     respect of the act, that a person is entitled to
                       compensation, or that no compensation is payable to any
                       person;
                (e)    none of paragraphs (a), (b), (c) and (d) applies and the
                       Commission determines, on application by any person,
10                     that it would be just and equitable in all the
                       circumstances to pay the trust amount to that person or
                       another person.

     5.10.     Section 5.9(a) or (b) cases
               Where section 5.9(a) or (b) applies, the trustee must --
15              (a)    repay the trust amount to the person who paid it to the
                       trustee; or
                (b)    if that person no longer exists, apply to the Commission
                       for a direction as to the payment of the trust amount.

     5.11.     Section 5.9(c) cases
20             Where section 5.9(c) applies --
                (a) the trustee must pay the trust amount to the body
                     corporate; and
                (b) subject to section 53 of the NTA, there is no further
                     entitlement to compensation for the act.

25   5.12.     Section 5.9(d) cases where monetary compensation
               Where section 5.9(d) applies and the determination is that a
               person is entitled to an amount of monetary compensation --



     page 92
                                         Native Title (State Provisions) Bill 1999
                            Provisions relating to compensation             Part 5
      Determination of amounts to be held in trust and payment of      Division 4
                                                    those amounts
                                                                           s. 5.13


                (a)   if the trust amount is the same as the amount
                      determined, the trustee must pay the trust amount to the
                      person;
                (b)   if the trust amount is less than the amount determined,
 5                    the trustee must pay the trust amount to the person and
                      the Government party must pay the shortfall to the
                      person; or
                (c)   if the trust amount is more than the amount determined,
                      the trustee must --
10                       (i) pay the person so much of the trust amount as
                               equals the amount determined; and
                        (ii) refund the excess to the person who paid the trust
                               amount to the trustee or, if that person no longer
                               exists, apply to the Commission for a direction as
15                             to its payment.

     5.13.    Section 5.9(d) cases where non-monetary compensation
              Where section 5.9(d) applies and --
               (a) the transfer of property; or
               (b) the provision of goods or services,
20            constitutes some or all of the compensation, the trustee must
              apply to the Commission for a direction as to the payment of the
              trust amount.

     5.14.    Section 5.9(d) cases where no compensation
              Where section 5.9(d) applies and the determination is that no
25            compensation is payable or to be given to any person, the
              trustee must repay the trust amount to the person who paid it to
              the trustee or, if that person no longer exists, apply to the
              Commission for a direction as to its payment.



                                                                          page 93
     Native Title (State Provisions) Bill 1999
     Part 5           Provisions relating to compensation
     Division 4       Determination of amounts to be held in trust and payment of
                      those amounts
     s. 5.15


     5.15.     Section 5.9(e) cases
               Where paragraph (e) of section 5.9 applies, the trustee must pay
               the trust amount in accordance with the decision of the
               Commission mentioned in that paragraph.

 5   5.16.     Jurisdiction of the Commission under this Division
               The Commission has jurisdiction --
                (a) to hear and determine the applications referred to in
                     sections 5.9(e), 5.10(b), 5.12(c)(ii), 5.13 and 5.14; and
                (b) to make such orders in the proceedings as it considers
10                   appropriate.




     page 94
                                       Native Title (State Provisions) Bill 1999
                                       Native Title Commission            Part 6
                                       Commission established        Division 1
                                                                           s. 6.1



                  Part 6 -- Native Title Commission
                    Division 1 -- Commission established
     6.1.     Establishment of Commission
              The Native Title Commission of Western Australia is
 5            established.

     6.2.     Functions of Commission
        (1)   The functions of the Commission are --
               (a) to exercise the jurisdiction and to perform the functions
                     given to it by this Act; and
10             (b) to perform any function that may be given to it by any
                     other written law.
        (2)   The Commission may do all things that are necessary or
              convenient to be done for the performance of its functions.

     6.3.     Requirements for fairness etc. to be observed
15            The Commission is to --
               (a) perform its functions fairly, justly and expeditiously;
                    and
               (b) ensure that, subject to this Act, its procedures are
                    informal and accessible.

20   6.4.     Membership of the Commission
        (1)   The Commission is to comprise --
               (a) a Chief Commissioner; and
               (b) such number of other members as the Governor
                    considers necessary for the proper performance of the
25                  Commission's functions.


                                                                         page 95
     Native Title (State Provisions) Bill 1999
     Part 6           Native Title Commission
     Division 1       Commission established
     s. 6.5



        (2)    All of the members are to be appointed by the Governor.
        (3)    The Chief Commissioner is to be appointed on a full-time basis.
        (4)    An ordinary member may be appointed on either a full-time
               basis or a part-time basis.

 5   6.5.      Eligibility for appointment as Chief Commissioner
               A person is not eligible to be appointed as the Chief
               Commissioner unless the person has been enrolled for at least
               5 years as a legal practitioner of --
                 (a) the Supreme Court;
10               (b) the High Court; or
                 (c) the Supreme Court of another State or of a Territory.

     6.6.      Appointment of member of NNTT
               Not less than one of the ordinary members is to be a person who
               holds an appointment under the NTA as a member of the
15             NNTT.

     6.7.      Qualifications for appointment
               Without limiting section 6.6, a person must not be appointed as
               an ordinary member unless the person --
                 (a) has been enrolled for at least 5 years as a legal
20                     practitioner of --
                          (i) the Supreme Court;
                         (ii) the High Court; or
                        (iii) the Supreme Court of another State or of a
                               Territory;
25                     or



     page 96
                                      Native Title (State Provisions) Bill 1999
                                      Native Title Commission            Part 6
                                      Commission established        Division 1
                                                                          s. 6.8



               (b)   has, in the opinion of the Governor, expertise in one or
                     more of the following --
                        (i) matters relating to Aboriginal peoples;
                       (ii) land and resource management;
 5                    (iii) dispute resolution;
                      (iv) any other class of matter considered by the
                             Governor to be substantially relevant to the
                             duties of a member.

     6.8.     Ordinary members, notice of proposed appointment
10      (1)   Where it is proposed to appoint any person as an ordinary
              member, the Minister must give notice of the proposal in --
               (a) the Gazette; and
               (b) a daily newspaper circulating generally throughout the
                     State,
15            and may give notice in such other newspapers, journals or
              electronic media as the Minister considers appropriate.
        (2)   A notice referred to in subsection (1) must --
               (a) set out the qualifications required by section 6.7 for
                     appointment as an ordinary member;
20             (b) invite persons or organizations who wish to do so to
                     nominate, in the manner specified in the notice, persons
                     for consideration as appointees; and
               (c) invite persons who wish to do so to inform the Minister,
                     in the manner specified in the notice, that they are
25                   interested in becoming an ordinary member.
        (3)   This section does not apply to an appointment for the purposes
              of section 6.6.



                                                                        page 97
     Native Title (State Provisions) Bill 1999
     Part 6           Native Title Commission
     Division 1       Commission established
     s. 6.9



     6.9.      Administrative functions of Chief Commissioner
               In addition to the functions given to the Chief Commissioner by
               particular provisions of this Act, he or she --
                 (a) is responsible for managing the administrative affairs of
 5                     the Commission; and
                 (b) may do all things necessary or convenient to be done for
                       that purpose.

     6.10.     Authorization of Chief Commissioner for purposes of
               section 199F of the NTA
10      (1)    The object of this section is to make provision for delegation to
               the Chief Commissioner by the Native Title Registrar under the
               power conferred by section 199F of the NTA.
        (2)    The State Minister may on behalf of the State agree to any
               delegation referred to in subsection (1) and the Chief
15             Commissioner may exercise powers in accordance with the
               delegation.

     6.11.     Delegation to members
        (1)    The Chief Commissioner may, by signed instrument, delegate to
               one or more of the ordinary members all or any of the Chief
20             Commissioner's functions under this Act.
        (2)    Subsection (1) does not apply to --
                (a) the power of delegation conferred by that subsection; or
                (b) any function that may be delegated to the Chief
                      Commissioner under section 199F of the NTA as
25                    provided for by section 6.10.

     6.12.     Other provisions relating to members
               Schedule 1 has effect in relation to members.


     page 98
                                        Native Title (State Provisions) Bill 1999
                                        Native Title Commission            Part 6
                                        Staff of the Commission       Division 2
                                                                          s. 6.13



                    Division 2 -- Staff of the Commission
     6.13.    Use of government staff etc.
        (1)   Arrangements may be made under this section to enable the
              Commission and the Chief Commissioner to perform their
 5            respective functions.
        (2)   An arrangement may be made with the relevant employer for
              the use, either full-time or part-time, of the services of any
              officer or employee --
                (a) in the Public Service;
10              (b) in a State agency or instrumentality; or
                (c) otherwise in the service of the Crown in right of the
                      State.
        (3)   An arrangement may be made with --
               (a) a department of the Public Service; or
15             (b) a State agency or instrumentality,
              for the use of any facilities of the department, agency or
              instrumentality.
        (4)   Arrangements under this section --
               (a) may be made by the Chief Commissioner acting under
20                   section 6.9; and
               (b) are to be made on such terms as are agreed to by the
                     parties.

     6.14.    Consultants
              The Chief Commissioner may, acting under section 6.9, engage
25            a person under a contract for services to provide professional,
              technical or other assistance to the Commission or the Chief
              Commissioner.


                                                                           page 99
     Native Title (State Provisions) Bill 1999
     Part 6           Native Title Commission
     Division 3       Operation of Commission
     s. 6.15



                     Division 3 -- Operation of Commission

                Subdivision 1 -- How Commission to be constituted

     6.15.      General position
        (1)     For the performance of its functions in respect of a particular
 5              matter the Commission consists of the member or members
                specified by the Chief Commissioner under section 6.18(2) for
                that matter.
        (2)     In exercising the power referred to in subsection (1) in respect
                of a matter to which subsection (1) or (2) of section 6.16
10              applies, the Chief Commissioner is to ensure that the
                constitution of the Commission satisfies that subsection.

     6.16.      Constitution of Commission for the performance of certain
                functions
        (1)     For the performance of its functions under Part 3, other than its
15              mediation function under section 3.23(1), the Commission must
                include --
                  (a) at least one member who is qualified as mentioned in
                        section 6.7(a); and
                  (b) at least one member who holds an appointment under
20                      the NTA as a member of the NNTT.
        (2)     The Commission when performing any function in relation to a
                matter that involves the determination of an issue cannot be
                constituted by, or include, a member who has taken part in
                mediation in relation to that matter, unless each party consents
25              to the Commission being constituted by or including that
                member.




     page 100
                                       Native Title (State Provisions) Bill 1999
                                       Native Title Commission            Part 6
                                      Operation of Commission        Division 3
                                                                         s. 6.17



     6.17.    Concurrent operations
              The Commission constituted in accordance with this Division
              may perform the functions of the Commission in respect of a
              particular matter, even though the Commission differently
 5            constituted in accordance with this Division is at the same time
              performing the functions of the Commission in respect of some
              other matter.

                     Subdivision 2 -- Arrangement of business

     6.18.    Arrangement of business of the Commission
10      (1)   The Chief Commissioner is responsible for --
               (a)     arranging the business of the Commission;
               (b)     directing where the Commission is to sit;
               (c)     determining the procedure of the Commission generally;
                       and
15             (d)     determining the procedure of the Commission at a
                       particular place.
        (2)   In performing the function in subsection (1)(a) the Chief
              Commissioner is to specify for the purpose of any particular
              matter or any particular class of matters --
20              (a) the member or members who are to perform the
                      functions of the Commission; and
                (b) if 2 or more members are specified, the member who is
                      to be the chairperson.

     6.19.    Unavailability of member
25      (1)   This section applies if --
               (a)     a member specified under section 6.18(2) for
                       proceedings ceases to be a member and section 6.20
                       does not apply; or

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     Native Title (State Provisions) Bill 1999
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     Division 3       Operation of Commission
     s. 6.20



                 (b)    a member is for any reason not available for proceedings
                        for which the member has been specified under
                        section 6.18(2).
        (2)     The Chief Commissioner must specify another member for the
 5              proceedings or, if the parties agree, the Chief Commissioner
                may direct that the Commission be constituted by the remaining
                specified member or members (if any).
        (3)     In exercising a power in subsection (2) the Chief Commissioner
                must ensure, if subsection (1) or (2) of section 6.16 applies, that
10              the constitution of the Commission continues to satisfy that
                subsection.

     6.20.      Completion of part-heard proceedings
                Despite a person ceasing to be a member because of the expiry
                of his or her term of office, the person may, with the approval of
15              the Chief Commissioner, continue as a member for the purpose
                of completing part-heard proceedings.

                              Subdivision 3 -- Hearings

     6.21.      Commission to hold hearings
                The Commission is to hold such hearings as are necessary or
20              expedient for the performance of its functions.

     6.22.      Commission may determine whether matters are to be
                grouped together
                The Commission may, of its own motion or on the application
                of any of the parties concerned, direct that specified matters are
25              to be dealt with --
                  (a) in the same proceedings or in separate proceedings; or
                  (b) at the same hearing or hearings or at separate hearings.


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                                       Native Title (State Provisions) Bill 1999
                                       Native Title Commission            Part 6
                                      Operation of Commission        Division 3
                                                                         s. 6.23



     6.23.    Opportunity to make submissions
              Subject to sections 6.27(3) and 6.29, the Commission must
              ensure that each party is given a reasonable opportunity to
              present the party's case and, in particular --
 5              (a) to inspect any documents to which the Commission
                      proposes to have regard in making a recommendation or
                      determination; and
                (b) to make written or oral submissions in respect of those
                      documents.

10   6.24.    Questions to be decided by majority
              All questions for decision by the Commission are to be decided
              by a majority of the members hearing the matter, with the
              chairperson having a casting vote.

     6.25.    Representation before Commission
15            A party may appear in person or be represented by any person
              before the Commission.

     6.26.    Participation by telephone, etc.
              The Commission may allow a person to participate in a hearing
              by means of telephone, closed-circuit television or any other
20            means of communication.

     6.27.    Hearings normally to be public
        (1)   Subject to this section, a hearing by the Commission must be
              held in public.
        (2)   If a hearing is in public, and a person participates by a means
25            allowed under section 6.26, the Commission must take such
              steps as are reasonably necessary to maintain the public nature
              of the hearing.


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     Division 3       Operation of Commission
     s. 6.28



        (3)     The Commission may, of its own motion or on the application
                of a party, if it is satisfied that it is appropriate to do so, direct
                that a hearing, or part of a hearing, be held in private and give
                directions as to the persons who may be present.
 5      (4)     In determining whether a hearing or part of a hearing is to be in
                private, the Commission must have due regard to the cultural
                and customary concerns of Aboriginal peoples.

                        Subdivision 4 -- Evidence and information

     6.28.      Evidence and findings of other bodies
10              In any proceedings, the Commission may, at its discretion --
                  (a)     receive in evidence the transcript of evidence in any
                          other proceedings before the Commission, any court or
                          any other person or body;
                  (b)     receive in evidence any report, findings, decision,
15                        determination or judgment of a person or body referred
                          to in paragraph (a); or
                  (c)     adopt any report, findings, decision, determination or
                          judgment of a person or body referred to in
                          paragraph (a),
20              that it considers may be relevant to the proceedings.

     6.29.      Commission may prohibit disclosure of evidence
                The Commission may direct that --
                 (a) any evidence given before it; or
                 (b) the contents of any document produced to it,
25              must not be disclosed, or must not be disclosed except in the
                way, and to the persons, specified in the direction.



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                                        Native Title Commission            Part 6
                                       Operation of Commission        Division 3
                                                                          s. 6.30



     6.30.    Power of Commission to summon
              The Commission may, by summons signed on behalf of the
              Commission by the Chief Commissioner, require any person --
               (a) to appear before the Commission, or before a person
 5                  authorized under section 6.33; or
               (b) to produce any documents specified in the summons to
                    the Commission or to a person authorized under
                    section 6.33,
              or to do both of those things.

10   6.31.    Power of Commission to take evidence
        (1)   The Commission may take evidence on oath or affirmation, and
              for that purpose a member of the Commission may administer
              an oath or affirmation.
        (2)   A party may call witnesses.
15      (3)   A person appearing before the Commission as a witness may be
              examined.
        (4)   A person appearing before the Commission as a witness may be
              cross-examined or re-examined only with the leave of the
              Commission.
20      (5)   If a person participates in a hearing by a means allowed under
              section 6.26, the Commission may make any arrangements that
              it thinks proper in the circumstances for administering an oath
              or affirmation to the person.

     6.32.    Power of the Commission to require answers
25            The Commission may require any person appearing before it
              (whether or not he or she has been summoned to appear) to
              answer any relevant question put to him or her by a member of
              the Commission or by any other person appearing before the
              Commission.

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     Division 3       Operation of Commission
     s. 6.33



     6.33.      Commission may authorize another person to take evidence
        (1)     The Commission may authorize a person to take evidence in
                relation to a matter on behalf of the Commission.
        (2)     The authorization must be in writing and may specify
 5              limitations on the powers of the person.
        (3)     A person authorized under this section has, for the purposes of
                taking the evidence, and subject to any limitations referred to in
                subsection (2), all the powers of the Commission under
                section 6.31.
10   6.34.      Interpreters
                The Commission may allow evidence to be given, or
                submissions to be made, with the assistance of an interpreter.
     6.35.      Retention and copying of documents
                The Commission may keep for a reasonable time, and may
15              make copies of, any document, or part of a document, produced
                to the Commission in the course of a hearing.

              Subdivision 5 -- Recommendations and determinations
     6.36.      Recommendations and determinations
        (1)     A recommendation or determination of the Commission
20              must --
                 (a) be in writing;
                 (b) state any findings of facts on which it is based;
                 (c) refer to the evidence or other material on which such
                      findings are based; and
25               (d) give reasons for the recommendation or determination.




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                                        Native Title Commission            Part 6
                                            Financial provisions      Division 4
                                                                          s. 6.37



        (2)   A copy of a recommendation or determination must be given
              to --
                (a) each of the parties in the proceeding; and
                (b) the responsible Minister.

 5                    Division 4 -- Financial provisions
     6.37.    Funds for carrying out this Act
              The funds available for the purposes of this Act consist of --
               (a) moneys from time to time appropriated by Parliament;
                     and
10             (b) other moneys lawfully received by, made available to or
                     payable to the Commission for the purposes of this Act.

     6.38.    Native Title Commission Account
        (1)   The funds referred to in section 6.37 are to be credited to an
              account called the "Native Title Commission Account" --
15              (a) at the Treasury; or
                (b) with the approval of the Treasurer, at a bank,
              and if paragraph (a) applies the Account is to form part of the
              Trust Fund constituted under section 9 of the Financial
              Administration and Audit Act 1985.
20      (2)   The Account is to be charged with --
                (a)   the remuneration and allowances payable under this Act;
                      and
               (b)    all other expenditure lawfully incurred in carrying out
                      this Act.




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     Native Title (State Provisions) Bill 1999
     Part 6           Native Title Commission
     Division 5       General
     s. 6.39



     6.39.      Application of Financial Administration and Audit Act 1985
                The provisions of the Financial Administration and Audit
                Act 1985 regulating the financial administration, audit and
                reporting of statutory authorities apply to and in respect of the
 5              Commission and things done in the performance of functions
                under this Act.

                                Division 5 -- General
     6.40.      Communication of information in certain cases
        (1)     Where --
10               (a) the Commission is required by or under this Act to cause
                      a document to be served on or given to any person; and
                 (b) it appears to the Commission that the person is blind or
                      illiterate or is not literate in the English language,
                the Commission is, so far as it is reasonably practicable to do
15              so, to cause the information contained in the document to be
                communicated to the person in a manner that the person
                understands.
        (2)     Failure to comply with subsection (1) does not affect any thing
                done under any other provision of this Act.

20   6.41.      Reference of question of law to the Supreme Court
        (1)     The Commission may, of its own motion or at the request of a
                party, refer to the Supreme Court for a decision any question of
                law arising in proceedings under Part 2, 3, 4 or 5.
        (2)     The Supreme Court has jurisdiction to hear and determine a
25              question of law referred to it under this section.




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                                       Native Title Commission            Part 6
                                                       General       Division 5
                                                                         s. 6.42



        (3)   If a question of law arising in proceedings is referred to the
              Supreme Court under this section, the Commission must not, in
              those proceedings --
                (a) make a recommendation or determination to which the
 5                    question is relevant while the reference is pending; or
                (b) proceed in a manner, or make a recommendation or
                      determination, inconsistent with the decision of the
                      Court on the question.

     6.42.    Offences
10      (1)   A person who is served with a summons under section 6.30 must
              not fail without reasonable excuse to comply with the summons.
              Penalty: $2 500.
        (2)   A person must not fail without reasonable excuse to make an
              oath or affirmation, or to answer a question, when required to do
15            so by the Commission.
              Penalty: $2 500.
        (3)   A person must not give to --
               (a) the Commission; or
               (b) a person authorized under section 6.33,
20            evidence that the person knows to be false or misleading in a
              material particular.
              Penalty: $5 000.
        (4)   A person must not misbehave before the Commission, wilfully
              insult the Commission or a member, or interrupt the
25            proceedings of the Commission.
              Penalty: $5 000.




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     Native Title (State Provisions) Bill 1999
     Part 6           Native Title Commission
     Division 5       General
     s. 6.43



        (5)     A person must not disclose any material in contravention of a
                direction given under section 6.27(3) or 6.29.
                Penalty: $5 000.

     6.43.      Disclosure of interests
 5      (1)     A member who has a conflict of interest in relation to any
                proceedings must disclose the matters giving rise to that
                conflict --
                  (a) in the case of the Chief Commissioner, to the Minister
                        and to each party; or
10                (b) in any other case, to the Chief Commissioner and to
                        each party.
        (2)     The member must not take part in, or exercise any powers in
                relation to, the proceedings unless --
                  (a) in the case of the Chief Commissioner, the Minister and
15                      each party consents; or
                  (b) in any other case, the Chief Commissioner and each
                        party consents.
        (3)     For the purposes of this section, a member has a conflict of
                interest in relation to proceedings if the member has any
20              interest, pecuniary or otherwise, that could conflict with the
                proper performance of the member's functions in relation to
                those proceedings.

     6.44.      Protection of members and persons appearing before the
                Commission
25      (1)     A member has, in the performance of his or her functions, the
                same protection and immunity as a Judge of the Supreme Court.
        (2)     A person appearing before the Commission on behalf of a party
                has the same protection and immunity as a barrister has in
                appearing on behalf of a party before the Supreme Court.

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                                                        General       Division 5
                                                                          s. 6.45



        (3)   Subject to this Act, a person appearing before the Commission
              to give evidence (whether or not in response to a summons) has
              the same protection, and is, in addition to the penalties provided
              by this Act, subject to the same liabilities as a witness in
 5            proceedings in the Supreme Court.

     6.45.    Confidentiality
        (1)   A person who is, or has been, a member or officer of the
              Commission is not competent, and cannot be required, to give
              evidence to a court relating to a matter if --
10              (a) the giving of the evidence would be contrary to a
                     direction under section 6.29; or
                (b) an application has been made to the Commission for a
                     direction under that section concerning the matter to
                     which the evidence relates, and the Commission has not
15                   yet determined that application.
        (2)   A person who is, or has been, a member or an officer of the
              Commission cannot be required to produce in court a document
              given to the Commission in connection with a proceeding if --
                (a) the production of the document would be contrary to a
20                    direction under section 6.29; or
                (b) an application has been made to the Commission for a
                      direction under that section concerning the matter to
                      which the document relates, and the Commission has
                      not yet determined that application.
25      (3)   A person who is, or has been, a member or an officer of the
              Commission cannot be required to give evidence to a court in
              relation to any proceedings before the Commission.




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    Native Title (State Provisions) Bill 1999
    Part 6           Native Title Commission
    Division 5       General
    s. 6.45



       (4)     In this section --
               "court" includes any tribunal, authority or person having the
                    power to require the answering of questions or the
                    production of documents;
5              "produce" includes permit access to.




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                                        Native Title (State Provisions) Bill 1999
                                                  Miscellaneous            Part 7

                                                                           s. 7.1



                          Part 7 -- Miscellaneous
     7.1.     Regulations
        (1)   The Governor may make regulations prescribing all matters that
              are required or permitted to be prescribed or are necessary or
 5            convenient to be prescribed for the purposes of this Act.
        (2)   Without limiting subsection (1), the regulations may prescribe
              fees that are to be paid in connection with applications to, and
              proceedings in, the Commission.

     7.2.     Review of Act
10      (1)   The Minister is to carry out and complete a review of the
              operation and effectiveness of this Act within 12 months after
              the 5th anniversary of the commencement of any provision of
              Part 6.
        (2)   In carrying out the review the Minister is to have particular
15            regard to whether the public policy objectives of this Act remain
              valid and whether its provisions remain appropriate for
              achieving those objectives.
        (3)   The Minister is to prepare a report based on the review and
              cause the report to be laid before each House of Parliament as
20            soon as is practicable after it is completed.

     7.3.     Consequential amendments
              Schedule 2 has effect.

     7.4.     Transitional provisions
        (1)   Despite anything in Part 2 or Part 3, that Part does not apply to
25            an act that would, apart from this subsection, be a Part 2 act or a
              Part 3 act if, before the commencement of that Part, all notices


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    Native Title (State Provisions) Bill 1999
    Part 7           Miscellaneous

    s. 7.4



               provided for by section 29 of the NTA have been given in
               relation to the act.
       (2)     Division 1 of Schedule 3 has effect to enable regulations of a
               transitional nature to be made as to certain matters in progress at
5              the commencement of Part 2 and Part 3.
       (3)     Division 2 of Schedule 3 has effect to enable regulations of a
               transitional nature to be made as to matters in progress under
               section 24MD(6B) of the NTA at the commencement of Part 4.




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                                           Native Title (State Provisions) Bill 1999



                 Provisions relating to members of the Commission        Schedule 1



           Schedule 1 -- Provisions relating to members of the
                             Commission
                                                                              [s. 6.12]

     1.         Term of office
 5        (1)   A member holds office for the term specified in the instrument of
                appointment but may from time to time be reappointed.
          (2)   Subject to subclause (3), a term of appointment must not exceed
                5 years.
          (3)   An appointment may be made for a term of more than 5 years and not
10              more than 7 years and 6 months if --
                  (a)   the appointment is made within 12 months after the
                        commencement of this clause; and
                  (b)   on the making of the appointment, members appointed under
                        this subclause do not constitute more than half of the
15                      membership.

     2.         Remuneration, allowances and conditions of service
          (1)   A member is to --
                  (a) receive such remuneration and allowances; and
                  (b)   have such entitlements to leave and other conditions of
20                      service,
                as are determined by the Governor on the advice of the Minister for
                Public Sector Management.
          (2)   Subclause (1) does not apply to the member referred to in section 6.6.

     3.         Oath or affirmation of office
25              Before he or she takes up office a member is to take an oath or make
                an affirmation before a Judge of the Supreme Court that he or she will
                faithfully and impartially perform the functions of his or her office.



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     Native Title (State Provisions) Bill 1999



     Schedule 1     Provisions relating to members of the Commission



     4.         Leave of absence
                The Minister may grant a full-time member leave of absence, other
                than leave of absence determined under clause 2, on such terms and
                conditions as the Minister determines.

 5   5.         Resignation
                A member may resign from office by giving a signed notice of
                resignation to the Governor.

     6.         Termination of appointment of NNTT member
          (1)   The appointment of a person who is appointed as a member for the
10              purposes of section 6.6 terminates if the person ceases to be a member
                of the NNTT.
          (2)   The application of subclause (1) to a person does not affect the
                application to him or her of clause 7, 8 or 9.

     7.         Termination of appointment of member for bankruptcy etc.
15              The Governor must terminate the appointment of a member if the
                member --
                  (a)   becomes bankrupt;
                  (b)   applies to take the benefit of any law for the relief of
                        bankrupt or insolvent debtors;
20                (c)   compounds with his or her creditors; or
                  (d)   makes an assignment of his or her remuneration for the
                        benefit of his or her creditors.

     8.         Suspension by Governor and termination
          (1)   The Governor may suspend a member from office on the ground of
25              misbehaviour or of physical or mental incapacity.
          (2)   If the Governor suspends a member under subclause (1), the Minister
                must cause a statement of the grounds for the suspension to be laid
                before each House of Parliament within 7 sitting days of that House
                after the suspension.

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                 Provisions relating to members of the Commission          Schedule 1



          (3)   If each House of Parliament, within 15 sitting days after the statement
                was laid before it, declares by resolution that the member's
                appointment should be terminated, the Governor must terminate the
                member's appointment.
 5        (4)   If, at the end of 15 sitting days after the statement was laid before a
                House of Parliament, the House has not passed such a resolution, the
                suspension terminates.
          (5)   The suspension of a member under this clause does not affect any
                entitlement of the member to be paid remuneration and allowances.

10   9.         Termination on address of both Houses of Parliament
                The Governor may terminate the appointment of a member if an
                address praying for the termination of the member's appointment on
                the ground of proved misbehaviour or of physical or mental
                incapacity is presented to the Governor by each House of Parliament
15              in the same session of Parliament.




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     Native Title (State Provisions) Bill 1999



     Schedule 2      Consequential amendments



                    Schedule 2 -- Consequential amendments
                                                                               [s. 7.3]

          Division 1 -- Acts Amendment (Land Administration, Mining and
                              Petroleum) Act 1998
 5   1.         The Act amended
                The amendments in this Division are to the Acts Amendment (Land
                Administration, Mining and Petroleum) Act 1998*.
                [* Act No. 61 of 1998.]

     2.         Section 2 amended
10        (1)   Section 2(1) is amended by deleting "Subject to subsections (2) and
                (3), this" and inserting instead --
                "    This ".
          (2)   Section 2(2) and (3) are repealed.

     3.         Sections 4 and 7 repealed
15              Sections 4 and 7 are repealed.

                Division 2 -- Constitution Acts Amendment Act 1899
     4.         Schedule V amended
                Schedule V Part 1 Division 1 to the Constitution Acts Amendment
                Act 1899* is amended by inserting after the item relating to the
20              Western Australian Gas Disputes Arbitrator --
     "
             Member of the Native Title Commission established by the Native
                    Title (State Provisions) Act 1999.
                                                                                      ".
25              [* Reprinted as at 15 April 1999.
                   For subsequent amendments see Acts Nos. 53 of 1998, and 5, 8, 26
                   and 34 of 1999.]


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                                        Native Title (State Provisions) Bill 1999



                                    Consequential amendments          Schedule 2



          Division 3 -- Financial Administration and Audit Act 1985
     5.     Schedule 1 amended
            Schedule 1 to the Financial Administration and Audit Act 1985* is
            amended by inserting in the appropriate alphabetical position the
 5          following --
            "     Native Title Commission   ".
            [* Reprinted as at 9 July 1999.
               For subsequent amendments see Acts Nos. 5, 8 and 26 of 1999.]

                   Division 4 -- Land Administration Act 1997
10   6.     The Act amended
            The amendments in this Division are to the Land Administration
            Act 1997*.
            [* Act No. 30 of 1997.
               For subsequent amendments see 1998 Index to Legislation of
15             Western Australia, Table 1, p. 136, and Act No. 26 of 1999.]
     7.     Section 6A inserted
            After section 6 the following section is inserted in Part 1 --
     "
          6A.       Renewal etc. of certain tenures subject to Native
20                  Title (State Provisions) Act 1999
            (1)     Where the exercise of a power under this Act to renew,
                    re-grant or extend a non-exclusive tenure of land is a
                    Part 4 act within the meaning of the Native Title (State
                    Provisions) Act 1999, the exercise of the power is
25                  subject to section 4.3 of that Act.
            (2)     In subsection (1) --
                    "non-exclusive tenure of land" means an interest
                       under --
                       (a) a lease;

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     Native Title (State Provisions) Bill 1999



     Schedule 2       Consequential amendments



                              (b) a licence; or
                              (c) other authority,
                              that permits the use of the land but does not confer
                              a right of exclusive possession.
 5                                                                                      ".
     8.         Section 151 amended
                Section 151(1) is amended as follows:
                    (a)    by inserting in the appropriate alphabetical positions the
                           following definitions --
10              "
                          "approved determination of native title" means an
                             approved determination of native title under the
                             NTA where --
                              (a)   the effect of the determination is that the
15                                  person concerned --
                                   (i) holds native title; or
                                  (ii) immediately before the taking, held
                                          native title,
                                    in relation to the land affected by the taking;
20                            (b) it is apparent from the terms of, or reasons
                                    for, the determination that the person
                                    concerned held native title in relation to the
                                    land affected by the taking immediately
                                    before the taking; or
25                            (c) it is not apparent from the terms of, or
                                    reasons for, the determination that native
                                    title did not exist in relation to the land
                                    affected by the taking immediately before
                                    the taking;



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                                          Native Title (State Provisions) Bill 1999



                                      Consequential amendments           Schedule 2



                     "registered native title body corporate" and
                         "registered native title claimant" have the same
                         meaning as they have in the NTA;
                                                                                      ";
 5             (b)    in the definition of "proprietor" in paragraph (b) by inserting
                      after "registered" --
                      "
                             , or a registered native title body corporate or
                             registered native title claimant in relation to the
10                           land
                                                                                      ".
     9.      Section 152A inserted
             After section 152 the following section is inserted --
     "
15         152A.     This Part subject to Native Title (State Provisions)
                     Act 1999
                     Where the taking of land or an interest in land under
                     this Part is a Part 2 act, a Part 3 act or a Part 4 act
                     within the meaning of the Native Title (State
20                   Provisions) Act 1999, the operation of this Part is
                     subject to section 2.6, 3.5 or 4.3, as the case may be, of
                     that Act.
                                                                                      ".
     10.     Section 153 amended
25           Section 153(3) is amended in paragraph (a) of the definition of "in
             accordance with the NTA" as follows:
               (a)    by deleting "5" in the 3 places where it occurs and inserting
                      instead --
                      "   4 ";



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     Native Title (State Provisions) Bill 1999



     Schedule 2         Consequential amendments



                    (b)      by deleting "1998" and inserting instead --
                             "     1999 ".
     11.          Section 154 amended
           (1)    Section 154(1)(b) is deleted and the following paragraph is inserted
 5                instead --
                        "
                             (b)        the taking of those interests would be a
                                        compulsory acquisition that is referred to in
                                        section 26(1)(c)(iii) of the NTA.
10                                                                                              ".
           (2)    Section 154(3) is amended in the definition of "in accordance with the
                  NTA" as follows:
                    (a)      in paragraph (a) --
                                 (i)     by deleting "Part 3" in the 3 places where it occurs
15                                       and inserting instead --
                                         "   Part 2 ";
                                 (ii)    by deleting "1998" and inserting instead --
                                         "   1999 ";
                    (b)      in paragraph (b) --
20                              (i) by deleting "4" in the 3 places where it occurs and
                                     inserting instead --
                                         "   3 ";
                                 (ii)    by deleting "1998" and inserting instead --
                                         "   1999 ".
25   12.          Section 156 amended
                  After section 156(2) the following subsection is inserted --
             "
                 (2a)       The entitlement of native title holders to compensation
                            under Part 10 is an entitlement to compensation on just

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                                          Native Title (State Provisions) Bill 1999



                                      Consequential amendments          Schedule 2



                     terms for any loss, diminution or impairment of, or
                     other effect of the taking on, their native title rights and
                     interests.
                                                                                    ".
 5   13.   Section 157 amended
           Section 157 is amended by inserting after "native title holders" --
           " or a registered native title body corporate ".

     14.   Section 158 repealed
           Section 158 is repealed.

10   15.   Section 162 amended
           Section 162(2) is amended as follows:
             (a) after paragraph (b) by deleting "or";
             (b) in paragraph (c) by deleting the comma and inserting
                   instead --
15                    "     ; or ";
               (c)    after paragraph (c) by inserting the following paragraph --
                 "
                      (d)     a native title right or interest in land under the
                              surface is injuriously affected,
20                                                                                  ".
     16.   Section 163 amended
           Section 163 is amended by deleting "or of the principal proprietor of"
           and inserting instead --
           "
25                   , the principal proprietor of the land, or any registered
                     native title body corporate or registered native title
                     claimant in relation to
                                                                                    ".

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     17.        Section 170 amended
                Section 170(5)(b) is amended by inserting after "occupier of the
                land" --
                "
 5                    , any registered native title body corporate or registered
                      native title claimant in relation to the land,
                                                                                     ".
     18.        Section 175 amended
                Section 175(1)(a) is amended after subparagraph (ii) by deleting "or"
10              and inserting instead --
                             "
                                 (iia)   any registered native title body
                                         corporate or registered native title
                                         claimant in relation to land affected by
15                                       the notice;
                                 (iib)   the holder of any native title rights and
                                         interests in land affected by the notice;
                                         or
                                                                                     ".
20   19.        Section 176 amended
                Section 176(1) is amended by deleting ", a lease of Crown land or"
                and inserting instead --
                " or a lease of Crown land or the holders of        ".

     20.        Section 182 amended
25              Section 182(2) is amended by deleting "and to" and inserting
                instead --
                "
                      any registered native title body corporate or registered
                      native title claimant, and
30                                                                                   ".

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     21.   Section 183 amended
           Section 183(2)(a) is amended by deleting "and to" and inserting
           instead --
           "
 5               any registered native title body corporate or registered
                 native title claimant, and
                                                                                ".

     22.   Section 184 amended
           Section 184(3) is amended by deleting "and to" and inserting
10         instead --
           "
                 any registered native title body corporate or registered
                 native title claimant, and
                                                                                ".
15   23.   Section 185 amended
           Section 185(3) is amended by deleting "and to" and inserting
           instead --
           "
                 any registered native title body corporate or registered
20               native title claimant in relation to the land, and
                                                                                ".

     24.   Section 186 amended
           Section 186(3)(a) is amended by deleting "and to" and inserting
           instead --
25         "
                 any registered native title body corporate or registered
                 native title claimant, and
                                                                                ".


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     25.          Section 207 amended
                  After section 207(2) the following subsection is inserted --
             "
                 (2a)     The time limit (whether it has expired or not) under
 5                        this section must, on the application of a person who
                          wishes to make a claim in respect of the taking of
                          native title rights and interests, be extended if an
                          approved determination of native title is made in
                          relation to the land to which the claim relates.
10                                                                                     ".
     26.          Section 212 amended
                  After section 212(2) the following subsection is inserted --
             "
                  (3)     If the acquiring authority does transfer property,
15                        provide goods and services or provide another form of
                          compensation in accordance with a request --
                            (a) the transfer of property, provision of goods and
                                   services or provision of another form of
                                   compensation constitutes full or part
20                                 compensation under this Part, as the case may
                                   be; and
                            (b) the entitlement to compensation is taken to
                                   have been determined in accordance with the
                                   provisions of this Part.
25                                                                                     ".
     27.          Section 214 amended
           (1)    Section 214(2) is amended by deleting "If" and inserting instead --
                  "     Subject to subsection (3), if ".


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           (2)   After section 214(2) the following subsection is inserted --
             "
                 (3)     Subsection (2) does not operate to bar a claim in
                         respect of native title rights and interests if --
 5                         (a) during or after the 60 day period, or any
                                 extended time, referred to in that subsection an
                                 approved determination of native title is made
                                 in relation to the land to which the claim
                                 relates; and
10                         (b) the particulars required under this section are
                                 furnished within 60 days after that
                                 determination is made.
                                                                                     ".
     28.         Section 216 amended
15         (1)   Section 216(1) is amended by inserting after "A claimant may," --
                 "     subject to subsection (4), ".
           (2)   After section 216(3) the following subsection is inserted --
             "
                 (4)     An application cannot be made under subsection (1) if
20                       the notice disputing the title of the claimant relates to
                         native title rights and interests.
                                                                                     ".
     29.         Section 217 amended
                 Section 217(2) is amended as follows:
25                 (a) by deleting the passage beginning "If a judgment" and ending
                         "under dispute," and inserting instead --




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                "
                          If --
                            (a)   a judgment of the Supreme Court under
                                  section 216 confirms, in whole, or in part, a
 5                                claimant's title to an interest in land under
                                  dispute; or
                           (b)    in the case of a claimant to whom
                                  section 216(4) applies, an approved
                                  determination of native title is made in relation
10                                to the claimant,
                                                                                       ";
                    (b)    by inserting after "confirmed" --
                           " or determined      ".

     30.        Section 221 amended
15              Section 221(2)(b) is deleted and the following paragraph is inserted
                instead --
                      "
                           (b)    if the title of the claimant was disputed then --
                                     (i) if the Supreme Court confirmed the
20                                         claimant's title, in whole or in part,
                                           under section 216 -- the day of the
                                           judgment; or
                                    (ii) if an approved determination of native
                                           title was made in relation to the
25                                         claimant -- the day of the
                                           determination.
                                                                                       ".

     31.        Section 223 amended
                Section 223(7) is amended by deleting "the judgment of the Supreme
30              Court on that issue under section 216" and inserting instead --


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                 "
                        --
                        (a)    the judgment of the Supreme Court on that
                               issue under section 216; or
 5                       (b)   in the case of a claimant to whom
                               section 216(4) applies, the outcome of any
                               native title determination application made by
                               the claimant under section 61 of the NTA.
                                                                                     ".
10   32.         Section 224 amended
                 Section 224(7) is amended by deleting "the judgment of the Court
                 under section 216" and inserting instead --
                 "
                        --
15                      (a)    the judgment of the Supreme Court under
                               section 216; or
                         (b)   in the case of a claimant to whom
                               section 216(4) applies, the outcome of any
                               native title determination application made by
20                             the claimant under section 61 of the NTA.
                                                                                     ".

     33.         Section 241 amended
           (1)   Section 241(1) is amended by deleting "taken under this Part" and
                 inserting instead --
25               "
                       , other than native title rights and interests, taken under
                       Part 9
                                                                                     ".




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           (2)    After section 241(1) the following subsection is inserted --
             "
                 (1a)     In determining the amount of compensation (if any) to
                          be offered, paid, or awarded for native title rights and
 5                        interests taken under Part 9, regard may be had to the
                          matters referred to in this section.
                                                                                     ".

                                Division 5 -- Mining Act 1978
     34.          The Act amended
10                The amendments in this Division are to the Mining Act 1978*.
                  [* Reprinted as at 26 July 1999.]

     35.          Section 19 amended
           (1)    Section 19(6)(a) is amended by inserting immediately before "grant"
                  the following --
15                "     subject to subsection (6a),   ".
           (2)    After section 19(6) the following subsection is inserted --
             "
                 (6a)     If the grant of a mining tenement under subsection (6)
                          is a Part 2 act, a Part 3 act or a Part 4 act within the
20                        meaning of the Native Title (State Provisions)
                          Act 1999, the operation of that subsection is subject to
                          section 2.6, 3.5 or 4.3 of that Act as the case may be.
                                                                                     ".




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     36.        Section 39A inserted
                Immediately before section 40 the following section is inserted --
     "
           39A.       This Division subject to Native Title (State
 5                    Provisions) Act 1999
                (1)   The operation of this Division is subject to section 2.6,
                      3.5 or 4.3, as the case may be, of the Native Title (State
                      Provisions) Act 1999 where --
                        (a) the grant of a prospecting licence; or
10                      (b) the grant of any mining tenement under
                              section 56A,
                      is a Part 2 act, a Part 3 act or a Part 4 act within the
                      meaning of that Act.
                (2)   The provisions of this Division relating to objections to
15                    the granting of an application do not apply to an
                      objection of the kind referred to in section 2.16, 3.15 or
                      4.11 of the Native Title (State Provisions) Act 1999,
                      and objections of that kind can only be made under that
                      Act.
20                                                                                  ".
     37.        Section 49 amended
                After section 49(1) the following subsection is inserted --
           "
               (1a)   The operation of subsection (1) is subject to
25                    section 2.6, 3.5 or 4.3, as the case may be, of the Native
                      Title (State Provisions) Act 1999.
                                                                                    ".




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     38.        Section 56 amended
                After section 56(1) the following subsection is inserted --
           "
               (1a)    An appeal does not lie under subsection (1) where the
 5                     warden does not grant an application, or attaches any
                       condition to a grant, because of one of the following
                       instruments made under the Native Title (State
                       Provisions) Act 1999 --
                         (a) an agreement of the kind described in
10                             section 2.26, 3.22(1) or 4.21 that is given to the
                               Commission under section 2.26, 3.25 or 4.21;
                         (b) a recommendation under section 2.32 or 4.27;
                         (c) a determination under section 2.38, 3.29, 3.44
                               or 4.33;
15                       (d) a declaration under section 3.51.
                                                                                     ".

     39.        Section 56AA inserted
                Immediately before section 56B the following section is inserted --
     "
20         56AA. This Division subject to Native Title (State
                 Provisions) Act 1999
                (1)    The operation of this Division is subject to section 2.6,
                       3.5 or 4.3, as the case may be, of the Native Title (State
                       Provisions) Act 1999 where --
25                       (a) the grant or extension of an exploration licence;
                               or




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                                        Consequential amendments         Schedule 2



                        (b)   the grant of any mining tenement under
                              section 70,
                      is a Part 2 act, a Part 3 act or a Part 4 act within the
                      meaning of that Act.
 5              (2)   The provisions of this Division relating to objections to
                      the granting of an application do not apply to an
                      objection of the kind referred to in section 2.16, 3.15 or
                      4.11 of the Native Title (State Provisions) Act 1999,
                      and objections of that kind can only be made under that
10                    Act.
                                                                                    ".

     40.        Section 67 amended
                After section 67(1) the following subsection is inserted --
           "
15             (1a)   The operation of subsection (1) is subject to
                      section 2.6, 3.5 or 4.3, as the case may be, of the Native
                      Title (State Provisions) Act 1999.
                                                                                    ".
     41.        Section 70AA inserted
20              After section 70A the following section is inserted --
     "
           70AA. This Division subject to Native Title (State
                 Provisions) Act 1999
                (1)   The operation of this Division is subject to section 2.6,
25                    3.5 or 4.3, as the case may be, of the Native Title (State
                      Provisions) Act 1999 where the grant or renewal of a
                      retention licence is a Part 2 act, a Part 3 act or a Part 4
                      act within the meaning of that Act.



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                (2)    The provisions of this Division relating to objections to
                       the granting of an application do not apply to an
                       objection of the kind referred to in section 2.16, 3.15 or
                       4.11 of the Native Title (State Provisions) Act 1999, and
 5                     objections of that kind can only be made under that Act.
                                                                                    ".
     42.        Section 70L amended
                After section 70L(1) the following subsection is inserted --
           "
10             (1a)    The operation of subsection (1) is subject to
                       section 2.6, 3.5 or 4.3, as the case may be, of the Native
                       Title (State Provisions) Act 1999.
                                                                                    ".
     43.        Section 70O inserted
15              Immediately before section 71 the following section is inserted --
     "
           70O.        This Division subject to Native Title (State
                       Provisions) Act 1999
                (1)    Where --
20                      (a) the grant or renewal of a mining lease; or
                        (b) the grant of any mining tenement under
                             section 85B,
                       is a Part 2 act, a Part 3 act or a Part 4 act within the
                       meaning of the Native Title (State Provisions)
25                     Act 1999, the operation of the provisions of this
                       Division relating to that grant or renewal is subject to
                       section 2.6, 3.5 or 4.3, as the case may be, of that Act.
                (2)    The provisions of this Division relating to objections to
                       the granting of an application do not apply to an

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                     objection of the kind referred to in section 2.16, 3.15 or
                     4.11 of the Native Title (State Provisions) Act 1999,
                     and objections of that kind can only be made under that
                     Act.
 5                                                                                 ".
     44.       Section 75 amended
               After section 75(7) the following subsection is inserted --
           "
               (8)   The operation of subsection (7) is subject to
10                   section 2.6, 3.5 or 4.3, as the case may be, of the Native
                     Title (State Provisions) Act 1999.
                                                                                   ".
     45.       Section 85C inserted
               Immediately before section 86 the following section is inserted --
15   "
           85C.      This Division subject to Native Title (State
                     Provisions) Act 1999
               (1)   The operation of this Division in relation to the grant of
                     general purpose leases is subject to section 2.6, 3.5 or
20                   4.3, as the case may be, of the Native Title (State
                     Provisions) Act 1999.
               (2)   Where the renewal of a general purpose lease is a Part
                     2 act, a Part 3 act or a Part 4 act within the meaning of
                     the Native Title (State Provisions) Act 1999, the
25                   operation of this Division in relation to that renewal is
                     subject to section 2.6, 3.5 or 4.3, as the case may be, of
                     that Act.
               (3)   The provisions relating to objections to the granting of
                     an application that apply for the purposes of this


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                       Division do not apply to an objection of the kind
                       referred to in section 2.16, 3.15 or 4.11 of the Native
                       Title (State Provisions) Act 1999, and objections of that
                       kind can only be made under that Act.
 5                                                                                  ".
     46.        Section 90A inserted
                Immediately before section 91 the following section is inserted --
     "
           90A.        This Division subject to Native Title (State
10                     Provisions) Act 1999
                (1)    The operation of this Division is subject to section 2.6,
                       3.5 or 4.3, as the case may be, of the Native Title (State
                       Provisions) Act 1999 where the grant of a
                       miscellaneous licence is a Part 2 act, a Part 3 act or a
15                     Part 4 act within the meaning of that Act.
                (2)    The provisions relating to objections to the granting of
                       an application that apply for the purposes of this
                       Division do not apply to an objection of the kind
                       referred to in section 2.16, 3.15 or 4.11 of the Native
20                     Title (State Provisions) Act 1999, and objections of that
                       kind can only be made under that Act.
                                                                                    ".

                Division 6 -- Parliamentary Commissioner Act 1971
     47.        Schedule 1 amended
25              Schedule 1 to the Parliamentary Commissioner Act 1971* is amended
                by inserting in the appropriate alphabetical position the following --




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                                       Consequential amendments             Schedule 2



           "
                      The Native Title Commission established by the Native Title
                      (State Provisions) Act 1999.
                                                                                     ".
 5              [* Reprinted as at 20 January 1997.
                   For subsequent amendments see 1998 Index to Legislation of
                   Western Australia, Table 1, p. 182, and Act No. 65 of 1998.]

                           Division 7 -- Petroleum Act 1967
     48.        The Act amended
10              The amendments in this Division are to the Petroleum Act 1967*.
                [* Reprinted as at 17 December 1992.
                   For subsequent amendments see 1998 Index to Legislation of
                   Western Australia, Table 1, p. 188 and Act No. 17 of 1999.]

     49.        Section 5 amended
15              After section 5(8) the following subsection is inserted --
           "
                (9)   If the exercise of the power conferred by subsection (8)
                      to amend or vary any instrument is a Part 2 act, a Part 3
                      act or a Part 4 act within the meaning of the Native
20                    Title (State Provisions) Act 1999 that exercise is
                      subject to section 2.6, 3.5 or 4.3, as the case may be, of
                      that Act.
                                                                                     ".
     50.        Section 11 amended
25              After section 11(1) the following subsection is inserted --
           "
               (1a)   If any act to be done under subsection (1) is a Part 2
                      act, a Part 3 act or a Part 4 act within the meaning of
                      the Native Title (State Provisions) Act 1999, the

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                      operation of that subsection is subject to section 2.6,
                      3.5 or 4.3, as the case may be, of that Act.
                                                                                      ".
     51.        Section 28B inserted
 5              Immediately before section 29 the following section is inserted --
     "
           28B.       This Division subject to Native Title (State
                      Provisions) Act 1999
                      The operation of this Division is subject to section 2.6,
10                    3.5 or 4.3, as the case may be, of the Native Title (State
                      Provisions) Act 1999 where the grant, renewal or
                      extension of an exploration permit or a drilling
                      reservation is a Part 2 act, a Part 3 act or a Part 4 act
                      within the meaning of that Act.
15                                                                                    ".
     52.        Section 48AA inserted
                Immediately before section 48A the following section is inserted --
     "
           48AA. This Division subject to Native Title (State
20               Provisions) Act 1999
                      The operation of this Division is subject to section 2.6,
                      3.5 or 4.3, as the case may be, of the Native Title (State
                      Provisions) Act 1999 where the grant or renewal of a
                      retention lease is a Part 2 act, a Part 3 act or a Part 4 act
25                    within the meaning of that Act.
                                                                                      ".




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     53.        Section 48L inserted
                Immediately before section 49 the following section is inserted --
     "
           48L.       This Division subject to Native Title (State
 5                    Provisions) Act 1999
                      Where the grant or renewal of a production licence is a
                      Part 2 act, a Part 3 act or a Part 4 act within the
                      meaning of the Native Title (State Provisions)
                      Act 1999, the operation of the provisions of this
10                    Division relating to that grant or renewal is subject to
                      section 2.6, 3.5 or 4.3, as the case may be, of that Act.
                                                                                     ".
     54.        Section 105 amended
                After section 105(3) the following subsection is inserted --
15         "
               (3a)   Where the grant of a special prospecting authority
                      under subsection (3) is a Part 2 act, a Part 3 act or a
                      Part 4 act within the meaning of the Native Title (State
                      Provisions) Act 1999, the operation of that subsection
20                    is subject to section 2.6, 3.5 or 4.3, as the case may be,
                      of that Act.
                                                                                     ".
     55.        Section 106 amended
                After section 106(3) the following subsection is inserted --
25         "
               (3a)   Where the grant of an access authority under
                      subsection (3) is a Part 2 act, a Part 3 act or a Part 4 act
                      within the meaning of the Native Title (State Provisions)
                      Act 1999, the operation of that subsection is subject to
30                    section 2.6, 3.5 or 4.3, as the case may be, of that Act.
                                                                                     ".

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     56.        Section 116 amended
                After section 116(1) the following subsection is inserted --
           "
               (1a)    Where the giving of a consent under subsection (1) is a
 5                     Part 2 act, a Part 3 act or Part 4 act within the meaning
                       of the Native Title (State Provisions) Act 1999, the
                       operation of that subsection is subject to section 2.6,
                       3.5 or 4.3, as the case may be, of that Act.
                                                                                      ".
10                    Division 8 -- Petroleum Pipelines Act 1969
     57.        The Act amended
                The amendments in this Division are to the Petroleum Pipelines
                Act 1969*.
                [* Reprinted as at 19 February 1992.
15                 For subsequent amendments see 1998 Index to Legislation of Western
                   Australia, Table 1, p. 189 and Acts Nos. 65 of 1998, and 20 of 1999.]

     58.        Section 10A inserted
                After section 10 the following section is inserted --
     "
20         10A.        Licence not to affect native title
                (1)    A licence is not to be taken to authorize the licensee or
                       any other person to do any act that affects native title.
                (2)    In subsection (1) --
                       "affects" and "native title" have the meanings given
25                          to them respectively by sections 227 and 223 of
                            the Native Title Act 1993 of the Commonwealth.
                                                                                      ".




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     59.        Section 19 amended
                After section 19(1) the following subsection is inserted --
           "
               (1a)   Where the taking of land or an easement in land under
 5                    subsection (1) is a Part 2 act, a Part 3 act or Part 4 act
                      within the meaning of the Native Title (State
                      Provisions) Act 1999, the operation of that subsection
                      is subject to section 2.6, 3.5 or 4.3, as the case may be,
                      of that Act.
10                                                                                 ".




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     Schedule 3        Transitional provisions



                       Schedule 3 -- Transitional provisions
                                                                                    [s. 7.4]

                Division 1 -- Existing applications for mining tenements
     1.           Definition
 5                In this Division --
                  "existing mining application" means an application --
                       (a)     for a Part 2 act or a Part 3 act to be done that would --
                                  (i) create or vary a right to mine; or
                                (ii)    renew, re-grant, remake or extend the term of an
10                                      instrument creating a right to mine; and
                       (b)     that --
                                 (i)    was made before the commencement of Part 2 or
                                        Part 3, as the case may be; but
                                (ii)    was not granted before that commencement.

15   2.           Regulations may modify certain provisions
                  The regulations may make provisions by which sections 2.14 and 3.13
                  are modified in their application to Part 2 acts and Part 3 acts to which
                  existing mining applications relate to provide that all notices of those
                  acts under sections 2.12 and 3.10 are to be given by the Government
20                party.

     3.           Programme for dealing with existing mining applications
          (1)     The regulations may make provisions that establish a programme by
                  which the giving of notices under sections 2.12 and 3.10 of Part 2 acts
                  and Part 3 acts to which existing mining applications relate are to be
25                spread over a period of time.
          (2)     The purpose of the programme is to enable the processes in Parts 2
                  and 3 to be applied to the acts concerned in an orderly and effective
                  manner.


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          (3)   In particular, the regulations may provide, as part of the programme,
                for the giving of notices of acts relating to areas of the State specified
                in the regulations to be limited to a certain number of acts during a
                period so specified.

 5          Division 2 -- Matters in progress under section 24MD(6B)
                                   of the NTA
     4.         Definition
          (1)   In this Division --
                "section 24MD(6B) matter" means, subject to this clause, an act,
10                   matter or circumstance that has occurred or come into existence
                     before the commencement of Part 4 for the purpose of --
                      (a) the State meeting its obligations; or
                      (b) a person exercising rights or performing functions,
                      under subsection (6B) of section 24MD of the NTA, or
15                    otherwise for the purposes of that subsection.
          (2)   The definition in subclause (1) includes notices given, time that has
                elapsed or commenced to run, objections made, requests for a hearing
                and, subject to subclause (3), proceedings commenced.
          (3)   The definition does not include --
20                (a)     proceedings commenced if the independent person referred to
                          in section 24MD(6B) has entered upon the proceedings to the
                          extent of holding a hearing; or
                  (b)     determinations or recommendations made.

     5.         Regulations may make transitional provisions
25        (1)   The regulations may make any provision of a transitional nature that
                is necessary or expedient to be made to ensure that, after the
                commencement of Part 4 --
                (a)     all section 24MD(6B) matters are dealt with under that Part;
                        and


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    Schedule 3       Transitional provisions



               (b)    there is an effective transition from the provisions of
                      section 24MD(6B) of the NTA to the provisions of that Part.
       (2)     Without limiting subclause (1), the regulations may make provision
               for the continuing effect of section 24MD(6B) matters, whether with
5              or without modification, and for those matters to be treated as if they
               had occurred or come into existence for the purposes of Part 4.
       (3)     Provision may be made as mentioned in subclause (2) despite the fact
               that a section 24MD(6B) matter does not fully comply with a
               requirement of Part 4.




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                                                                                                     Defined Terms



                                     Defined terms in this Act
                 [This is a list of terms defined in this Act and the provisions where they
                                 are defined. The list is not part of the law.]
Defined term                                                                                              Provision(s)
a Part 2 act ...........................................................................................................2.5(1)
a Part 3 act ...........................................................................................................3.4(1)
a Part 4 act ............................................................................................................... 4.2
agreement ..........................................................................................................3.48(2)
alternative provision area.......................................................................................... 2.1
application ............................................................................................ 2.44, 3.56, 4.39
Chief Commissioner.............................................................................................1.5(4)
close of business............................................................................ 2.6(3), 3.5(3), 4.3(3)
closing day...........................................................................................................1.5(4)
Commission .........................................................................................................1.5(4)
Commonwealth Minister ......................................................................................1.5(3)
consultation parties..............................................................................1.5(4), 2.22, 4.17
consultation period ................................................................................2.27(6), 4.22(5)
court .......................................................................................................5.3(4), 6.45(4)
determination .....................................................................................................3.48(2)
existing mining application.................................................................................. Sch. 3
Government party.................................................................................................1.5(4)
grant for the benefit of Aboriginal persons ................................................................ 2.1
in the interests of the State.....................................................................2.41(2), 4.36(2)
last day for the lodgment of objections..................................................................2.6(3)
member................................................................................................................1.5(4)
native title holders.................................................................................................... 5.1
negotiation parties ...................................................................................1.5(4), 3.21(1)
negotiation period ..............................................................................................3.39(7)
objection period ...................................................................................................3.5(3)
objector................................................................................................................1.5(4)
ordinary member ..................................................................................................1.5(4)
Part 2 act..............................................................................................................1.5(4)
Part 3 act..............................................................................................................1.5(4)
Part 4 act..............................................................................................................1.5(4)
pending application ..............................................................................................2.6(3)
produce ..............................................................................................................6.45(4)
proponent.............................................................................................................1.5(4)
recommendation...................................................................................................1.5(4)
registered native title rights and interests...............................................................1.5(4)
relevant land ........................................................................................................1.5(4)


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Native Title (State Provisions) Bill 1999



Defined Terms



relevant provisions of the NTA...........................................................................3.48(2)
responsible Minister .............................................................................................1.5(4)
section 24MD(6B) matter .................................................................................... Sch. 3
specified...................................................................................2.39(5), 3.52(5), 4.34(5)
the allowed period ....................................................................2.30(1), 3.42(1), 4.25(1)
the Part 2 commencement day ..............................................................................1.2(3)
the Part 3 commencement day ..............................................................................1.2(4)
the trust amount ....................................................................................................... 5.9
written law ...........................................................................................................1.5(5)




page 146
                                                            Native Title (State Provisions) Bill 1999



                                                                                                       Defined Terms



                                    Defined terms in the NTA
       [This is a list of terms used in this Act and defined in the Native Title Act 1993 of the
     Commonwealth and the provisions where they are defined. The list is not part of the law.]

Defined term                                                                                     Provision of NTA
Aboriginal peoples .................................................................................................. 253
act........................................................................................................................... 226
affect....................................................................................................................... 227
approved determination of native title...................................................................... 253
arbitral body............................................................................................................ 253
attributable.............................................................................................................. 239
Commonwealth Minister ........................................................................................ 253
future act ................................................................................................................ 233
Government party ................................................................................................... 253
interest ................................................................................................................... 253
land ........................................................................................................................ 253
mine........................................................................................................................ 253
native title .............................................................................................................. 223
native title claim group ........................................................................................... 253
native title holder ................................................................................................... 224
Native Title Registrar ............................................................................................. 253
native title rights and interests ................................................................................ 223
National Native Title Register ................................................................................ 253
NNTT ..................................................................................................................... 253
ordinary title .......................................................................................................... 253
permissible lease etc. .............................................................................................24IC
Register of Native Title Claims ............................................................................... 253
registered native title body corporate ...................................................................... 253
registered native title claimant ................................................................................ 253
representative body ................................................................................................. 253
State Minister ......................................................................................................... 253
valid ....................................................................................................................... 253
waters .................................................................................................................... 253




 


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