8Consultation with, and consent of, common law holders in relation to native title decisions

#### 8 Consultation with, and consent of, common law holders in relation to native title decisions Consultation and consent required before a native title decision is made (1) Before making a native title decision, a prescribed body corporate that: (a) holds native title rights and interests in trust for the common law holders; or (b) is an agent prescribed body corporate that has become a registered native title body corporate; must consult and obtain consent in relation to the decision: (c) if the decision is a high level decision—in accordance with this regulation; or (d) if the decision is a low level decision—in accordance with this regulation or regulation 8A. No need to consult or obtain consent in relation to a standing instructions decision if covered by approval (2) However, the prescribed body corporate does not need to consult and obtain consent in relation to a standing instructions decision covered by an approval under subregulation (8). Consultation and consent processes (3) If there is a particular process of decision‑making that, under the Aboriginal or Torres Strait Islander traditional laws and customs of: (a) if the native title determination in relation to the prescribed body corporate identifies classes of common law holders—the classes of common law holders on whom the proposed native title decision would have an effect; or (b) in any other case—the common law holders; must be followed in relation to the giving of the consent mentioned in subregulation (1), the consent must be given in accordance with that process. (4) If subregulation (3) does not apply, the consent must be given in accordance with the process of decision‑making agreed to, or adopted, for the proposed native title decision, or for decisions of the same kind as that decision, by: (a) if the native title determination in relation to the prescribed body corporate identifies classes of common law holders—the classes of common law holders on whom the proposed native title decision would have an effect; or (b) in any other case—the common law holders. Effect of failure to consult or obtain consent (6) An agreement that gives effect to a native title decision of a prescribed body corporate has no effect to the extent that it applies to the decision, if the body corporate does not comply with this regulation. (7) Subregulation (6) does not apply to an indigenous land use agreement of a kind described in section 24EB or 24EBA of the Act. Approval for standing instructions decisions (8) A standing instructions decision is covered by an approval under this subregulation if: (a) the prescribed body corporate has the approval of the following to make decisions of that kind without needing to consult and obtain further consent: (i) if the native title determination in relation to the prescribed body corporate identifies classes of common law holders—the classes of common law holders on whom the decision would have an effect; (ii) in any other case—the common law holders; and (b) any conditions imposed by the common law holders mentioned in subparagraph (a)(i) or (ii) on the approval have been met in relation to the decision. (9) The common law holders mentioned in subparagraph (8)(a)(i) or (ii) may give or revoke an approval, and impose, vary or revoke conditions on an approval: (a) if the approval relates to low level decisions—using a relevant consultation process in the constitution of the prescribed body corporate; or (b) in any case: (i) if there is a particular process of decision‑making that, under the Aboriginal or Torres Strait Islander traditional laws and customs of those common law holders, must be followed in relation to giving the approval—in accordance with that process; or (ii) if subparagraph (i) does not apply—in accordance with the process of decision‑making agreed to, or adopted, by those common law holders in relation to giving the approval.