Document ID: chunk:federal_register_of_legislation:C2024C00224:section:43a:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 43A (pt 2/4)
Character Range: 279190–281946

concerned of the proposed determination; and
 (b) invite submissions from them about the proposed determination; and
 (c) consider any submissions made in response to the invitation.

Requirement to be satisfied: procedures etc.
 (4) For the purposes of paragraph (1)(b), the alternative provisions comply with this subsection if, in the opinion of the Commonwealth Minister, they:
 (a) contain appropriate procedures for notifying each of the following that an act to which the provisions apply is to be done:
 (i) any registered native title claimant (a claimant) in relation to any of the land or waters to which the act relates;
 (ii) any registered native title body corporate (a body corporate) in relation to any of that land or waters;
 (iii) any representative Aboriginal/Torres Strait Islander body in relation to any of that land or waters; and
 (b) give any claimant or body corporate the right to object, within a specified period after the notification, to the doing of the act so far as it affects their registered native title rights and interests; and
 (c) if the act is of the kind mentioned in subparagraph 26(1)(c)(iii) (which deals with certain compulsory acquisitions)—provide for consultation (including provide in relation to mediation) between:
 (i) any claimants, and bodies corporate, who object; and
 (ii) the State or Territory;
  about ways of minimising the act's impact on registered native title rights and interests in relation to the land or waters concerned; and
 (d) in any other case—provide for consultation (including provide in relation to mediation) between:
 (i) any claimants, and bodies corporate, who object; and
 (ii) the person who requested or applied for the doing of the act;
  about ways of minimising the act's impact on registered native title rights and interests in relation to the land or waters concerned, including about any access to the land or waters or the way in which any thing authorised by the act might be done; and
 (e) if any person objects as mentioned in paragraph (b), provide for the objection to be heard by an independent person or body; and
Example: The independent person or body could be a State or Territory tribunal which deals with acts of the kind concerned, for example, a mining warden where the act is the grant of a mining lease.
 (f) provide for judicial review of the decision to do the act; and
Example: The judicial review could be by the Supreme Court of the State or Territory.
 (g) provide that, if the independent person or body hearing any objection as mentioned in paragraph (e) makes a determination upholding the objection, or that contains conditions about the doing of the act that relate to registered native title rights and interests, the determination