Document ID: chunk:federal_register_of_legislation:F2024C00961:reg:4a
Version: federal_register_of_legislation:F2024C00961
Segment Type: reg
Provision Reference: reg 4A
Character Range: 8892–10011

4A  Obtaining consent to subsequent determination in relation to a prescribed body corporate
  For subsection 59A(3) of the Act, the consent of the common law holders must be obtained in the following way:
 (a) the prescribed body corporate must consult the common law holders for whom the prescribed body corporate holds native title rights and interests in trust or for whom it is an agent prescribed body corporate (the initial holders) and obtain their consent:
 (i) if there is a process of decision‑making that, under the Aboriginal or Torres Strait Islander traditional laws and customs of the initial holders, must be followed in relation to the giving of the consent—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 the initial holders in relation to giving the consent; and
 (b) the common law holders who were not the initial holders (the subsequent holders) must nominate the prescribed body corporate under section 56 or 57 of the Act in the same way as for the determination for the initial holders.