45Recommendations of Tribunal

45 Recommendations of Tribunal (1) Where the Tribunal makes a recommendation in relation to a proposal to acquire an interest in land other than native title rights and interests, the Minister must not compulsorily acquire the interest unless the Minister has taken the Tribunal's recommendation into account. (1A) Where, in relation to a proposal to acquire native title rights and interests, the Tribunal recommends that those rights and interests must not be compulsorily acquired, the Minister must comply with the recommendation unless the conditions specified in subsection (2) are satisfied. Lands Acquisition Act 1978 28 (1B) Where, in relation to a proposal to acquire native title rights and interests: (a) the Tribunal recommends that those rights and interests may be compulsorily acquired, whether or not subject to specified conditions; and (b) the Minister wishes to compulsorily acquire those rights and interests, the Minister must comply with the recommendation unless the conditions specified in subsection (2) are satisfied. (2) The Minister must comply with a recommendation of the Tribunal referred to in subsection (1A) or (1B) unless: (a) the Minister has consulted with the Minister responsible for indigenous affairs (being the Minister to whom responsibility for Aboriginal development is allotted under an Administrative Arrangements Order) about the proposal by the Minister to reject or accept the recommendation and any proposal to reject, vary, substitute or add to the conditions in the recommendation; (b) the Minister has taken that consultation into account; and (c) it is in the interests of the Territory not to comply with the recommendation. (2AA) Prior to consultations under section (2)(a): (a) the Minister must ensure that the submissions (if any) made to the Tribunal by the registered native title claimant or registered native title body corporate objecting to the acquisition, the Tribunal's recommendation and the Tribunal's reasons for making the recommendation are provided to the Minister responsible for indigenous affairs; and (b) the Minister responsible for indigenous affairs must ensure that he or she is aware of the content of the submissions, recommendation and reasons. (2A) Where: (a) the Minister has complied with subsections (2)(a) and (b) and (2AA); and (b) subsection (2)(c) applies, Lands Acquisition Act 1978 29 the Minister may: (c) reject the recommendation that the rights and interests not be compulsorily acquired and determine to compulsorily acquire those rights and interests subject to the conditions (if any) imposed by the Minister; or (d) accept the recommendation that the rights and interests may be compulsorily acquired and: (i) reject any of the conditions in the recommendation, with or without imposing his or her own conditions; (ii) vary any of the conditions in the recommendation; (iii) substitute his or her own conditions for any of the conditions in the recommendation; or (iv) add his or her own conditions to the recommendation, and compulsorily acquire the rights and interests accordingly. (2B) Within 28 days after being notified under section 49 of the compulsory acquisition of land that was done in accordance with a decision of the Minister of a kind referred to in subsection (2A)(c) or (d), any of the following persons may in writing request the Minister for reasons for that decision: (a) a registered native title claimant or registered native title body corporate who lodged an objection to the acquisition under section 34; (b) a registered native title body corporate that is registered on the National Native Title Register maintained under the Native Title Act and holds native title on trust for a person who lodged an objection to the acquisition under section 34 in his or her capacity as a registered native title claimant; (c) a person who lodged an objection to the acquisition under section 34 in his or her capacity as a registered native title claimant where, in respect of the relevant native title determination application, an approved determination that the claimant holds native title in the affected land has since been made; (d) a person who under section 66B of the Native Title Act replaced a registered native title claimant who lodged an objection to the acquisition under section 34, unless the objection was subsequently withdrawn. Lands Acquisition Act 1978 30 (2C) Within 28 days after receiving a request in accordance with subsection (2B), the Minister must provide written reasons for the decision to the person who requested them. (2D) Nothing in this section is to be taken to affect the Minister's discretion to decide not to compulsorily acquire native title rights and interests, including where that discretion is exercised as a result of consultations with the Minister responsible for indigenous affairs. (3) In subsection (1), in the interests of the Territory includes: (a) for the social or economic benefit of the Territory (including of Aboriginal peoples and Torres Strait Islanders); and (b) in the interests of the relevant region or locality in the Territory. 45AA Where acquisition may be done subject to conditions (1) Where under this Act land in respect of which native title rights and interests exist or may exist may be acquired subject to conditions relating to those rights and interests being complied with by the parties, the conditions have effect and may be enforced as if they were terms of a contract among the parties. (2) If a registered native title claimant lodges an objection to the acquisition in accordance with section 34, any other person in the native title claim group concerned is taken to be a party for the purposes of subsection (1).