Document ID: chunk:federal_register_of_legislation:C2017A00053:clause:1_9:p1
Version: federal_register_of_legislation:C2017A00053
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/2)
Character Range: 3504–6096

9  Validating agreements and registration on or before 2 February 2017
(1) This item applies if:
 (a) an agreement in relation to an area was made on or before 2 February 2017; and
 (b) the agreement purported to be an indigenous land use agreement (within the meaning of section 24CA of the Native Title Act 1993) in relation to the area; and
 (c) the agreement was not an indigenous land use agreement (within the meaning of that section) only because:
 (i) if there was only one registered native title claimant in relation to land or waters in the area—not all of the persons who comprised that registered native title claimant were parties to the agreement; and
 (ii) if there was more than one registered native title claimant in relation to land or waters in the area—not all of the persons who comprised those registered native title claimants were parties to the agreement; and
 (d) for each registered native title claimant in relation to land or waters in the area, at least one of the persons who comprised that registered native title claimant was a party to the agreement.
(1A) This item also applies if:
 (a) paragraphs (1)(a) and (b) apply to an agreement; and
 (b) the agreement was not an indigenous land use agreement (within the meaning of that section) only because:
 (i) if there was only one registered native title claimant in relation to land or waters in the area—none of the persons who comprised that registered native title claimant was a party to the agreement; and
 (ii) if there was more than one registered native title claimant in relation to land or waters in the area—for any registered native title claimant, none of the persons who comprised that registered native title claimant was a party to the agreement; and
 (c) the agreement was registered on the Register of Indigenous Land Use Agreements on or before 2 February 2017.
(2) The agreement is taken to be, and always to have been, an indigenous land use agreement (within the meaning of section 24CA of the Native Title Act 1993) in relation to the area.
(3) Without limiting subitem (2), if on or before 2 February 2017 the agreement was registered on the Register of Indigenous Land Use Agreements, then the registration of the agreement is taken to be, and always to have been, as valid and effective as it would have been had the agreement been, and always been, an indigenous land use agreement.
Note: Sections 24EA, 24EB and 24EBA of the Native Title Act 1993 provide for the effect of the registration of the agreement.
(4) This item does not apply to the agreements known as:
 (a) the Wagyl