Document ID: chunk:federal_register_of_legislation:C2024C00224:section:43a:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 43A (pt 1/4)
Character Range: 276703–279465

43A  Exception to right to negotiate: satisfactory State/Territory provisions

Determination about alternative provisions
 (1) If:
 (a) a law or laws of a State or Territory provide for alternative provisions to those contained in this Subdivision in relation to some or all acts to which this Subdivision applies that:
 (i) are attributable to the State or Territory; and
 (ii) relate, to any extent, to an area of land or waters that is an alternative provision area (see subsection (2)); and
 (b) the Commonwealth Minister determines, by legislative instrument, that the provisions comply with subsections (4) and (6) and that the requirements of subsection (7) are complied with;
then, subject to subsection (10), while the determination is in force, the alternative provisions have effect instead of this Subdivision.

Meaning of alternative provision area
 (2) An alternative provision area is:
 (a) an area:
 (i) that is, or was (whether before or after this Act commenced), covered by a freehold estate in fee simple or by a lease (other than a mining lease); and
 (ii) over which all native title rights and interests have not been extinguished; or
Example 1: An example of such an area is an area covered by a non‑exclusive agricultural lease or a non‑exclusive pastoral lease (including one subject to section 47).
Example 2: An example of a freehold estate in fee simple over which all native title rights and interests may not have been extinguished is one whose grant or vesting is covered by subsection 23B(9), (9A), (9B) or (9C).
 (b) an area that is, or was (whether before or after this Act commenced):
 (i) covered by a reservation, proclamation, dedication, condition, permission or authority, made or conferred by the Crown in right of the State or Territory or by the making, amendment or repeal of legislation of the State or Territory, under which the whole or a part of the land or waters in the area was to be used for public purposes generally or for a particular purpose; and
 (ii) in use for public purposes, for the particular purpose or for a similar purpose; or
Example: An example of an area covered by paragraph (b) is an area containing a national park.
 (c) an area that, when the act is done, is wholly within a town or city (see section 251C).

Notification of proposed determination
 (3) Before making the determination, the Commonwealth Minister must:
 (a) notify all representative Aboriginal/Torres Strait Islander bodies for the land or waters 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