Document ID: chunk:federal_register_of_legislation:C2024C00224:section:47c:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 47C (pt 2/3)
Character Range: 307402–310116

is to be disregarded.
 (5) If the agreement area contains one or more relevant public works, the application mentioned in paragraph (1)(a) may also be the subject of an agreement in writing between:
 (a) any registered native title body corporate concerned or the applicant for any native title claim group concerned; and
 (b) the Commonwealth, the State or the Territory to which the relevant public work relates (see subsection (11));
that any extinguishment of native title by the construction or establishment of the relevant public work is to be disregarded.

Notice and time for comment
 (6) Before making an agreement for the purposes of paragraph (1)(b) or subsection (5), the Commonwealth, or the State or Territory concerned, must:
 (a) arrange for reasonable notification of the proposed agreement in the State or Territory in which the agreement area is located, whether on the internet, in a newspaper circulating generally in the State or Territory, on the radio or otherwise; and
 (b) give interested persons an opportunity to comment on the proposed agreement.
The period for comment must be at least 3 months.
 (7) The agreement must not be made before the end of the period for comment.

Prior extinguishment to be disregarded
 (8) For all purposes under this Act in relation to the application, any extinguishment of the native title rights and interests in relation to the agreement area by any of the following acts must be disregarded:
 (a) the setting aside, granting or vesting mentioned in subsection (3);
 (b) the creation of any other prior interest in relation to the agreement area;
 (c) if:
 (i) the agreement under paragraph (1)(b) includes a statement of a kind mentioned in subsection (4); or
 (ii) there is an agreement under subsection (5);
  the construction or establishment of any relevant public works that are the subject of the agreement concerned.
Note: The applicant will still need to show the existence of any connection with the land or waters concerned that may be required by the common law concept of native title.

Effect of determination
 (9) If the determination on the application is that native title rights and interests exist in the agreement area:
 (a) the determination does not affect:
 (i) the validity of the setting aside, granting or vesting; or
 (ii) the validity of the creation of any other prior interest in relation to the agreement area; or
 (iii) any interest of the Crown in any capacity, or of any statutory authority, or of any other person, in any public works on the land or waters concerned (whether or not a relevant public work that is the subject of an agreement), or access to such public works; or
 (iv) any existing public access to