34Lodgement of objections

34 Lodgement of objections (1) Where a person is served with a notice of proposal under section 32, the person may: (a) if the person has a claim for registration pending as described in section 33(3)(d) – within 4 months after the date specified in the notice of proposal (being 10 days after the date of publication of the notice of proposed acquisition); or (b) in any other case – within 2 months after the date specified in the notice of proposal (being 10 days after the date of publication of the notice of proposed acquisition) or within the further period allowed in writing by the Minister, lodge with the Minister an objection to the acquisition so far as it affects that interest. (1A) Subject to subsection (1)(a), a person who claims to have native title rights and interests in land the subject of a proposal may only lodge an objection under subsection (1) if the person is a registered native title claimant in respect of those rights and interests. (1B) An objection lodged under subsection (1)(a) is to be taken not to have been lodged if, by the end of 4 months after the date specified in the notice of proposal (being 10 days after the date of publication of the notice of proposed acquisition), the Native Title Registrar: (a) has not accepted the claim for registration; or (b) has not yet decided whether or not to accept the claim for registration. (2) For the purposes of subsection (1), the objection of a registered native title claimant or registered native title body corporate in relation to any of the land proposed to be acquired may include an objection to the acquisition so far as it affects their registered native title rights and interests. (3) An objection: (a) is to be in the approved form; and (b) is to contain particulars of the effect that the acquisition would have on the interest that the person objecting has or claims to have in the land.

Lands Acquisition Act 1978 13 (4) Subject to section 89A, compensation is payable to a person whose interest in land is acquired under this Part whether or not the person lodged an objection to the acquisition under section (1). (5) If there are no registered native title claimants or registered native title bodies corporate in relation to any of the land proposed to be acquired and either: (a) the purpose of the acquisition is to confer rights or interests in relation to the land proposed to be acquired on the Territory and the Minister makes a statement in writing to that effect before the acquisition takes place; (b) the purpose of the acquisition is to provide an infrastructure facility within the meaning of section 253 of the Native Title Act; or (c) the acquisition relates solely to land or waters within a town or city within the meaning of section 251C of the Native Title Act, the representative Aboriginal/Torres Strait Islander body in relation to any of the land proposed to be acquired may, within 2 months after being served with a copy of the notice of proposal under section 32(1)(c) or within the further time allowed in writing by the Minister, lodge in writing with the Minister comments on the (6) In addition to any other requirements of this Act relating to the consideration of objections and comments about a proposal, the Minister must consider any comments lodged under subsection (5) before determining whether or not to proceed with the proposal.