Torres Strait Islander Cultural Heritage Act 2003
sec.36Registration as Torres Strait Islander cultural heritage body
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sec.36 Registration as Torres Strait Islander cultural heritage body
The Minister may, on the application of a corporation, register the corporation as a Torres Strait Islander cultural heritage body for an area. The Minister must not register a corporation as a Torres Strait Islander cultural heritage body for an area if there is currently another corporation registered as a Torres Strait Islander cultural heritage body for the area or any part of the area. However, the Minister may register a corporation (the new corporation ) as a Torres Strait Islander cultural heritage body for an area even though there is currently another corporation (the registered corporation ) registered as a Torres Strait Islander cultural heritage body for the area or any part of the area if— the new corporation’s registration is only for the purposes of a particular project; and the registered corporation has given written agreement to the new corporation’s registration for the purposes of the project; and the registration provides that the registration is effective only until the project finishes. The Minister may register a corporation as a Torres Strait Islander cultural heritage body for an area only if the Minister is satisfied that— the corporation— is an appropriate body to identify Torres Strait Islander parties for the area; and has the capacity to identify Torres Strait Islander parties for the area; and either— Torres Strait Islander parties for the area that are native title parties for the area agree the corporation should be registered; or if there is no Torres Strait Islander party for the area that is a native title party for the area—there is substantial agreement among the Torres Strait Islander parties for the area that the corporation should be registered. a registered native title body corporate, a representative body that is a corporation, a Torres Strait Islander body incorporated for furthering the interests of Torres Strait Islanders in relation to land or cultural matters In deciding whether to register a corporation as the Torres Strait Islander cultural heritage body for an area, the Minister may do any of the following— consult with Torres Strait Islander parties for the area or parts of the area; advertise for submissions about the proposed registration of the corporation; anything else the Minister considers necessary to inform himself or herself. The Minister may cancel the registration of a corporation as the Torres Strait Islander cultural heritage body for an area if the Minister is no longer satisfied about the matters mentioned in subsection (4) in relation to the corporation. In this section— register , a corporation, means record the corporation in the register. (sec.36-ssec.1) The Minister may, on the application of a corporation, register the corporation as a Torres Strait Islander cultural heritage body for an area. (sec.36-ssec.2) The Minister must not register a corporation as a Torres Strait Islander cultural heritage body for an area if there is currently another corporation registered as a Torres Strait Islander cultural heritage body for the area or any part of the area. (sec.36-ssec.3) However, the Minister may register a corporation (the new corporation ) as a Torres Strait Islander cultural heritage body for an area even though there is currently another corporation (the registered corporation ) registered as a Torres Strait Islander cultural heritage body for the area or any part of the area if— the new corporation’s registration is only for the purposes of a particular project; and the registered corporation has given written agreement to the new corporation’s registration for the purposes of the project; and the registration provides that the registration is effective only until the project finishes. (sec.36-ssec.4) The Minister may register a corporation as a Torres Strait Islander cultural heritage body for an area only if the Minister is satisfied that— the corporation— is an appropriate body to identify Torres Strait Islander parties for the area; and has the capacity to identify Torres Strait Islander parties for the area; and either— Torres Strait Islander parties for the area that are native title parties for the area agree the corporation should be registered; or if there is no Torres Strait Islander party for the area that is a native title party for the area—there is substantial agreement among the Torres Strait Islander parties for the area that the corporation should be registered. a registered native title body corporate, a representative body that is a corporation, a Torres Strait Islander body incorporated for furthering the interests of Torres Strait Islanders in relation to land or cultural matters (sec.36-ssec.5) In deciding whether to register a corporation as the Torres Strait Islander cultural heritage body for an area, the Minister may do any of the following— consult with Torres Strait Islander parties for the area or parts of the area; advertise for submissions about the proposed registration of the corporation; anything else the Minister considers necessary to inform himself or herself. (sec.36-ssec.6) The Minister may cancel the registration of a corporation as the Torres Strait Islander cultural heritage body for an area if the Minister is no longer satisfied about the matters mentioned in subsection (4) in relation to the corporation. (sec.36-ssec.7) In this section— register , a corporation, means record the corporation in the register.