Part 2BRecognised Aboriginal Representative Bodies

Part 2B—Recognised Aboriginal Representative Bodies 19B—Recognised Aboriginal Representative Bodies (1) For the purposes of this Act, the Recognised Aboriginal Representative Body for— (a) a specified area; or (b) a specified Aboriginal site or sites; or (c) a specified Aboriginal object or objects; or (d) specified Aboriginal remains, is to be determined in accordance with this Part. (2) Anangu Pitjantjatjara Yankunytjatjara will be taken to be the Recognised Aboriginal Representative Body in respect of the lands (within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981). (3) Maralinga Tjarutja will be taken to be the Recognised Aboriginal Representative Body in respect of the lands (within the meaning of the Maralinga Tjarutja Land Rights Act 1984). (4) Subject to this Part, a registered native title body corporate (within the meaning of the Native Title Act 1993 of the Commonwealth) will be taken to be appointed as the Recognised Aboriginal Representative Body in respect of the area that is the subject of the relevant native title determination under that Act (including, to avoid doubt, areas within that area in which native title has been extinguished or suppressed). (5) However, an appointment under subsection (4) will only have effect if the appointment is approved by the Committee (and, to avoid doubt, the Committee may refuse to approve an appointment for any reason the Committee thinks fit). (6) If the Committee refuses to approve an appointment under subsection (4), that subsection will be taken to no longer apply in respect of the area that is the subject of the relevant native title determination. (7) A registered native title body corporate that would, but for this subsection, be taken to be appointed as the Recognised Aboriginal Representative Body in respect of a particular area may, by notice given in a manner and form determined by the Committee, elect not to be the Recognised Aboriginal Representative Body in respect of the area, a specified part of the area or a specified Aboriginal site, object or remains within the area. (8) On giving notice under subsection (7)— (a) the appointment of the registered native title body corporate as the Recognised Aboriginal Representative Body in respect of the area will be taken to have been revoked; and (b) if the notice relates to a specified part of an area, or a specified Aboriginal site, object or remains within the area—the registered native title body corporate will be taken to be appointed in respect of the remainder of the area; and (c) subsection (4) will be taken to no longer apply in respect of the area, or the specified part of the area or specified Aboriginal site, object or remains (as the case requires). (9) The Committee may, on application, appoint the following persons or bodies as the Recognised Aboriginal Representative Body in respect of a specified area: (a) in respect of an area that is the subject of a claim to hold native title under the Native Title Act 1993 of the Commonwealth—the registered native title claimants (within the meaning of that Act) in respect of the claim, or specified members of the registered native title claimants; (b) in respect of an area that is the subject of an indigenous land use agreement under the Native Title Act 1993 of the Commonwealth and is not an area contemplated by subsection (2), (3) or (4)—an Aboriginal party to that agreement, or specified members of an Aboriginal party to the agreement. (10) The Committee may, on application, appoint a person or body as the Recognised Aboriginal Representative Body in respect of a specified area (other than an area in respect of which there is already a Recognised Aboriginal Representative Body pursuant to subsection (2), (3) or (4)) or a specified Aboriginal site, object or remains. (11) An application under this section must, if the Committee so requires, be accompanied by— (a) if a determination of native title covers all or part of any land to which the application relates—a copy of the determination; and (b) if an indigenous land use agreement has been entered in respect of all or part of any land to which the application relates—a copy of the agreement; and (c) if an agreement under Part 2 Division 3 Subdivision P of the Native Title Act 1993 of the Commonwealth has been entered in respect of all or part of any land to which the application relates—a copy of the agreement; and (d) if a native title mining agreement or native title mining determination under the Mining Act 1971 or the Opal Mining Act 1995 applies in respect of all or part of any land to which the application relates—a copy of the agreement or determination (as the case requires); and (e) if the application relates to a particular area—a description and map of the area in a form determined by the Committee; and (f) if the applicant is a registered native title body corporate—a copy of the constitution and rules of the body corporate; and (g) any other document or information that the Committee may reasonably require. (12) Before appointing a person or body as a Recognised Aboriginal Representative Body under subsection (9) or (10), the Committee— (a) must be satisfied that the person or body— (i) is able to ascertain and represent the views and knowledge of traditional owners of the relevant area in respect of matters relevant to the operation of this Act (including matters that involve gender‑specific requirements, or some other qualification, according to the traditions of the traditional owners); and (ii) satisfies any other requirements set out in the regulations or the guidelines for the purposes of this paragraph; and (b) must comply with any requirements set out in the regulations for the purpose of this paragraph. (13) The Committee may give written reasons in relation to an appointment or other decision under this section. (14) A Recognised Aboriginal Representative Body must be a body corporate that— (a) has perpetual succession and a common seal; and (b) can sue and be sued in its corporate name. (15) If a document appears to bear the common seal of a Recognised Aboriginal Representative Body, it will be presumed, in the absence of proof to the contrary, that the common seal of the Recognised Aboriginal Representative Body was duly fixed to the document. 19C—Priority where multiple applications (1) If there is more than 1 application under section 19B for appointment as a Recognised Aboriginal Representative Body in respect of a particular area, or a particular Aboriginal site, object or remains, the Committee should give priority to the applicant that the available evidence suggests has the strongest affiliation with, and responsibility for, the area, site, object or remains in accordance with Aboriginal tradition. (2) Without limiting subsection (1), the Committee may, if it considers it appropriate to do so, attempt to resolve any dispute relating to the applications by mediation between the parties. 19D—Additional functions of Recognised Aboriginal Representative Body In addition to any function expressly conferred by or under this Act, the functions of a Recognised Aboriginal Representative Body include— (a) advising the Minister in relation to matters affecting Aboriginal heritage in respect of the area for which the Recognised Aboriginal Representative Body is appointed; and (b) carrying out other functions assigned to the Recognised Aboriginal Representative Body under any other Act or by the Minister. 19E—Revocation and suspension of appointment of Recognised Aboriginal Representative Body by Committee (1) The Committee must, by notice in writing, revoke the appointment of a Recognised Aboriginal Representative Body (other than Anangu Pitjantjatjara Yankunytjatjara or Maralinga Tjarutja in their capacity as Recognised Aboriginal Representative Bodies for their respective lands) at the request of the Recognised Aboriginal Representative Body. (2) The Committee may, by notice in writing, revoke or suspend the appointment of a Recognised Aboriginal Representative Body appointed under section 19B(9) or (10) if— (a) the Recognised Aboriginal Representative Body no longer satisfies the requirements contemplated by section 19B(12)(a); or (b) the Recognised Aboriginal Representative Body has failed or refused, or is likely to fail or refuse, to perform a function under this Act; or (c) the Recognised Aboriginal Representative Body has acted in a manner that is, in the Committee's opinion, at variance with the objects of this Act. (3) The revocation of the appointment of a Recognised Aboriginal Representative Body under this section does not, of itself— (a) affect any right or interest created or exercisable prior to the revocation; or (b) affect any duty, obligation or liability imposed, created or incurred prior to the revocation; or (c) affect any legal proceedings or remedy in respect of any of the matters referred to in a previous paragraph. (4) A previous act or decision of a Recognised Aboriginal Representative Body is not invalid merely because the appointment of the Recognised Aboriginal Representative Body is revoked under this section. 19F—Revocation of appointment of Recognised Aboriginal Representative Body by Minister (1) The Minister may, on application or on his or her own motion, by notice in writing, revoke the appointment of a Recognised Aboriginal Representative Body for any reason he or she thinks fit (including, but not limited to, the reasons set out in section 19E(2)). (2) To avoid doubt, subsection (1) does not apply in relation to Anangu Pitjantjatjara Yankunytjatjara or Maralinga Tjarutja in their capacity as Recognised Aboriginal Representative Bodies for their respective lands. (3) The Minister may, if he or she revokes the appointment of a Recognised Aboriginal Representative Body under this section, do 1 or more of the following: (a) appoint a specified person or body as the Recognised Aboriginal Representative Body in substitution for that Recognised Aboriginal Representative Body; (b) reappoint the relevant person or body as the Recognised Aboriginal Representative Body in respect of an area (other than a specified part of the area, or specified Aboriginal sites, objects or remains located within the area); (c) give such directions as the Minister thinks fit to the Committee in relation to subsequent appointments of a Recognised Aboriginal Representative Body in respect of the relevant area, or a specified Aboriginal site, object or remains. (4) Before revoking the appointment of a Recognised Aboriginal Representative Body under this section, or taking action under subsection (3), the Minister must consult with the Committee (and may consult with any other person or body the Minister thinks fit). (5) If— (a) the Minister revokes the appointment of a Recognised Aboriginal Representative Body taken to be appointed under section 19B(4); or (b) revokes such an appointment and reappoints the person or body as the Recognised Aboriginal Representative Body in respect of the area (other than a specified part of the area, or specified Aboriginal sites, objects or remains located within the area), that subsection will be taken to no longer apply in respect of the area, the specified part of the area or specified Aboriginal site, object or remains located within the area (as the case requires). (6) The revocation of the appointment of a Recognised Aboriginal Representative Body under this section does not, of itself— (a) affect any right or interest created or exercisable prior to the revocation; or (b) affect any duty, obligation or liability imposed, created or incurred prior to the revocation; or (c) affect any legal proceedings or remedy in respect of any of the matters referred to in a previous paragraph. (7) A previous act or decision of a Recognised Aboriginal Representative Body is not invalid merely because the appointment of the Recognised Aboriginal Representative Body is revoked under this section. 19G—Register (1) The Committee must establish and maintain a register of Recognised Aboriginal Representative Bodies. (2) The register must contain the information required by the regulations in respect of each Recognised Aboriginal Representative Body, and may contain such other information as the Committee thinks fit. (3) The register may only be inspected in accordance with the regulations.