87APower of Federal Court to make determination for part of an area

87A  Power of Federal Court to make determination for part of an area

 (a) there is a proceeding in relation to an application for a determination of native title; and

 (b) at any stage of the proceeding after the end of the period specified in the notice given under section 66, agreement is reached on a proposed determination of native title in relation to an area (the determination area) that is part of, but not all of, the area covered by the application; and

 (c) all of the following are parties to the agreement:

 (i) the applicant;

 (ii) each registered native title claimant in relation to any part of the determination area who is a party to the proceeding at the time the agreement is made;

 (iv) each representative Aboriginal/Torres Strait Islander body for any part of the determination area who is a party to the proceeding at the time the agreement is made;

 (v) each person who holds an interest in relation to land or waters in any part of the determination area at the time the agreement is made, and who is a party to the proceeding at the time the agreement is made;

 (vi) each person who claims to hold native title in relation to land or waters in the determination area and who is a party to the proceeding at the time the agreement is made;

 (vii) the Commonwealth Minister, if the Commonwealth Minister is a party to, or is intervening in, the proceeding at the time the agreement is made;

 (viii) if any part of the determination area is within the jurisdictional limits of a State or Territory, the State or Territory Minister for the State or Territory if the State or Territory Minister is a party to the proceeding at the time the agreement is made;

 (ix) any local government body for any part of the determination area who is a party to the proceeding at the time the agreement is made; and

 (d) the terms of the proposed determination are in writing and signed by or on behalf of each of those parties.

Note: For agreements reached in relation to the whole of the area covered by the application, see section 87.

When a registered native title claimant is taken to be a party to the agreement

 (1A) The requirements that a registered native title claimant be a party to the agreement and sign the terms of the proposed determination are satisfied if:

 (a) a majority of the persons who comprise the registered native title claimant are parties to the agreement and sign the terms, unless paragraph (b) applies; or

 (b) if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement and sign the terms—those persons are parties to the agreement and sign the terms.