7Application for registration of area agreements (Act s 24CG)

7 Application for registration of area agreements (Act s 24CG)

(1) For subsection 24CG (2) of the Act, an application to register an area agreement must be accompanied by the documents and information mentioned in this regulation. (2) The following documents must accompany an application: (a) a copy of each determination of native title for the agreement area for any party to the agreement that is a registered native title body corporate; (b) a statement by each party to the agreement, signed by or for the party, that the party agrees to the application being made; (c) a copy of an extract from the Register of Native Title Claims giving details of each party that is a registered native title claimant; (d) a complete description of the agreement area; (e) if the agreement provides for the surrender of native title that is intended to extinguish native title rights and interests in an area, a complete description of that area; (f) a copy of any certification, mentioned in paragraph 24CG (3) (a) of the Act, that relates to the agreement;

Note: Subsection 24CG (3) of the Act provides that an application for registration of an area agreement must:

(a) have been certified by all representative bodies for the area; or
(b) include both a statement that the requirements of para 24CG (3) (b) have been met, and a statement setting out the grounds on which the Registrar should be satisfied that those requirements have been met.
(g) if:
(i) a registered native title body corporate is a party to the agreement; and
(ii) the agreement gives effect to a native title decision in an area (the affected area); and
(iii) for any part of the affected area, there is a representative body that is not a party to the agreement, or no representative body;
a certificate under regulation 9 of the PBC Regulations that relates to the decision.

Note 1: The PBC Regulations apply to a body that holds native title rights and interests, or acts as an agent or representative of the common law holders, as the result of a Federal Court determination under s 56 or 57 of the Act.

Note 2: Regulation 8 of those Regulations provides that a prescribed body corporate, before making a decision to enter an area agreement, must consult common law holders.

Note 3: Regulation 9 of those Regulations sets out the requirements for the certificate that will provide evidence of consultation about, and consent to, the decision.

(3) The following information, which must be in writing, must accompany the application: (a) the name of each party to the agreement and the address at which the party can be contacted;