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Native Title Act 1993
Div 3Future acts etc. and native title
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Division 3—Future acts etc. and native title
Subdivision A—Preliminary
24AA Overview
24AB Order of application of provisions
24AC Regulations about notification
Subdivision B—Indigenous land use agreements (body corporate agreements)
24BA Indigenous land use agreements (body corporate agreements)
24BB Coverage of body corporate agreements
24BC Body corporate agreements only where bodies corporate for whole area
24BD Parties to body corporate agreements
24BE Consideration and conditions
24BF Assistance to make body corporate agreements
24BG Application for registration of body corporate agreements
24BH Notice of body corporate agreements
24BI Registration of body corporate agreements
Subdivision C—Indigenous land use agreements (area agreements)
24CA Indigenous land use agreements (area agreements)
24CB Coverage of area agreements
24CC Requirement that no bodies corporate for whole of area
24CD Parties to area agreements
24CE Consideration and conditions
24CF Assistance to make area agreements
24CG Application for registration of area agreements
24CH Notice of area agreements etc.
24CI Objections against registration
24CJ Decision about registration
24CK Registration of area agreements certified by representative bodies
24CL Registration of area agreements not certified by representative Aboriginal/Torres Strait Islander bodies
Subdivision D—Indigenous land use agreements (alternative procedure agreements)
24DA Indigenous land use agreements (alternative procedure agreements)
24DB Coverage of alternative procedure agreements
24DC No extinguishment of native title
24DD Bodies corporate and representative bodies etc.
24DE Parties to alternative procedure agreements
24DF Consideration and conditions
24DG Assistance to make alternative procedure agreements
24DH Application for registration of alternative procedure agreements
24DI Notice of alternative procedure agreements
24DJ Objections against registration
24DK Decision about registration
24DL Registration of alternative procedure agreements
24DM Other registration procedures and conditions
Subdivision E—Effect of registration of indigenous land use agreements
24EA Contractual effect of registered agreement
24EB Effect of registration on proposed acts covered by indigenous land use agreements
24EBA Effect of registration on previous acts covered by indigenous land use agreements
24EC Agreements unrelated to future acts
24ED Amended agreements
Subdivision F—Future acts: if procedures indicate absence of native title
24FA Consequences if section 24FA protection applies
24FB When section 24FA protection arises—government applications
24FC When section 24FA protection arises—non‑government applications
24FD When section 24FA protection arises—entry on National Native Title Register
24FE Relevant native title claim
Subdivision G—Future acts and primary production
24GA Primary production activity
24GB Acts permitting primary production on non‑exclusive agricultural and pastoral leases
24GC Primary production etc. activities on non‑exclusive agricultural or pastoral leases
24GD Acts permitting off‑farm activities that are directly connected to primary production activities
24GE Granting rights to third parties etc. on non‑exclusive agricultural or pastoral leases
Subdivision H—Management of water and airspace
24HA Management or regulation of water and airspace
Subdivision I—Renewals and extensions etc.
24IA Future acts to which this section applies
24IB Pre‑existing right‑based acts
24IC Future acts that are permissible lease etc. renewals
24ID Effect of Subdivision applying to an act
Subdivision JA—Public housing etc.
24JAA Public housing etc.
Subdivision J—Reservations, leases etc.
24JA Acts covered by this Subdivision
24JB Treatment of acts covered by section 24JA
Subdivision K—Facilities for services to the public
24KA Facilities for services to the public
Subdivision L—Low impact future acts
24LA Low impact future acts
Subdivision M—Acts passing the freehold test
24MA Legislative acts
24MB Non‑legislative acts
24MC Only onshore places covered
24MD Treatment of acts that pass the freehold test
Subdivision N—Acts affecting offshore places
24NA Acts affecting offshore places
Subdivision O—Future acts invalid unless otherwise provided
24OA Future acts invalid unless otherwise provided
Subdivision P—Right to negotiate
25 Overview of Subdivision
26 When Subdivision applies
26A Approved exploration etc. acts
26B Approved gold or tin mining acts
26C Excluded opal or gem mining
26D Excluded mining acts: earlier valid acts
27 Arbitral body
27A Relevant Minister
27B Conditions under agreements or determinations etc.
28 Act invalid if done before negotiation or objection/appeal etc.
29 Notification of parties affected
30 Other native title parties etc.
30A Negotiation parties
31 Normal negotiation procedure
32 Expedited procedure
33 Negotiations to include certain things
34 No agreement if determination
35 Application for arbitral body determination
36 Arbitral body determination to be made as soon as practicable
36A Ministerial determination if arbitral body determination delayed
36B Consultation prior to section 36A determination
36C Section 36A determinations
37 No arbitral body determination if agreement or Ministerial determination
38 Kinds of arbitral body determinations
39 Criteria for making arbitral body determinations
40 No re‑opening of issues previously decided
41 Effect of determination or agreement
41A Copies of agreements and determinations
41B Access to information about agreements
42 Overruling of determinations
42A Project acts—modified application of Subdivision
43 Modification of Subdivision if satisfactory alternative State or Territory provisions
43A Exception to right to negotiate: satisfactory State/Territory provisions
43B Mining rights covering both alternative provision area and other area
44 Additional operation of Subdivision
Subdivision Q—Conferral of access rights on native title claimants in respect of non‑exclusive agricultural and pastoral leases
44A Conditions for Subdivision to apply
44B Rights of access for traditional activities
44C Suspension of native title rights
44D Certain other laws not affected
44E Federal Court jurisdiction
44F Request for mediation
44G Other mediation, arbitration and agreements not excluded by Subdivision
Division 4—Other provisions relating to native title
44H Rights conferred by valid leases etc.
45 RDA compensation to be determined under this Act
46 Effect of grant of leases and licences validated by McArthur River legislation
47 Pastoral leases held by native title claimants
47A Reserves etc. covered by claimant applications
47B Vacant Crown land covered by claimant applications
47C National parks etc. covered by native title applications
Division 5—Determination of compensation for acts affecting native title etc.
48 Compensation payable in accordance with Division
49 No multiple compensation for essentially same act
50 Bodies that may determine compensation
51 Criteria for determining compensation
51A Limit on compensation
52 Bank guarantee required under right to negotiate procedures
52A Payment held in trust under right to negotiate procedures
53 Just terms compensation
54 Commonwealth compensation payable from CRF
Division 6—Native title functions of prescribed bodies corporate and holding of native title in trust
55 Determinations by Federal Court
56 Determination whether native title to be held in trust
57 Determination of prescribed body corporate etc.
58 Functions under regulations
59 Kinds of prescribed bodies corporate may be determined
59A Prescribed bodies corporate for subsequent determinations of native title
60 Replacement of agent prescribed bodies corporate
60AAA Assistance in relation to registered native title bodies corporate
60AA Body corporate for Meriam people