Document ID: chunk:federal_register_of_legislation:C2024C00224:section:24cd:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 24CD (pt 1/2)
Character Range: 94920–97661

24CD  Parties to area agreements

Native title group to be parties
 (1) All members of the native title group (see subsection (2) or (3)) in relation to the area must be parties to the agreement.

Native title group where registered claimant or body corporate
 (2) If there is a registered native title claimant, or a registered native title body corporate, in relation to any of the land or waters in the area, the native title group consists of:
 (a) all registered native title claimants in relation to land or waters in the area; and
Note: The agreement will bind all members of the native title claim group concerned: see paragraph 24EA(1)(b).
 (b) all registered native title bodies corporate in relation to land or waters in the area; and
 (c) if, for any part (the non‑claimed/determined part) of the land or waters in the area, there is neither a registered native title claimant nor a registered native title body corporate—one or more of the following:
 (i) any person who claims to hold native title in relation to land or waters in the non‑claimed/determined part;
 (ii) any representative Aboriginal/Torres Strait Islander body for the non‑claimed/determined part.
 (2A) The requirement that all registered native title claimants in relation to land or waters in the area be parties to the agreement is satisfied if, for each of those registered native title claimants:
 (a) a majority of the persons who comprise the registered native title claimant are parties to the agreement, unless paragraph (b) applies; or
 (b) if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement—those persons are parties to the agreement.
 (2B) The persons in the majority must notify the other persons who comprise the registered native title claimant within a reasonable period after becoming parties to the agreement as mentioned in paragraph (2A)(a). A failure to comply with this subsection does not invalidate the agreement.

Native title group where no registered claimant or body corporate
 (3) If subsection (2) does not apply, the native title group consists of one or more of the following:
 (a) any person who claims to hold native title in relation to land or waters in the area;
 (b) any representative Aboriginal/Torres Strait Islander body for the area.

Other native title parties
 (4) If the native title group is covered by subsection (2), one or more of the following may also be parties to the agreement:
 (a) any other person who claims to hold native title in relation to land or waters in the area;
 (b) any representative Aboriginal/Torres Strait Islander body for the area.

Government parties
 (5) If the agreement makes