Document ID: chunk:federal_register_of_legislation:C2010C00306:clause:1_91b:p1
Version: federal_register_of_legislation:C2010C00306
Segment Type: clause
Provision Reference: sch 1 cl 91B (pt 1/2)
Character Range: 49834–52369

91B  After subsection 94C(1)
Insert:

 (1A) For the purposes of paragraph (1)(b), it is apparent from the timing of an application by a person for a determination of native title in relation to an area that it is made in response to a future act notice to which the current law applies if:
 (a) the future act notice is given in relation to land or waters wholly or partly within the area; and
 (b) the application is made during the period of 3 months after the notification day specified in the future act notice; and
 (c) the person becomes a registered native title claimant in relation to any land or waters that will be affected by the act, before the end of 4 months after the notification day specified in the future act notice.

 (1B) For the purposes of paragraph (1)(b), it is apparent from the timing of an application by a person for a determination of native title in relation to an area that it is made in response to a future act notice to which the pre‑1998 law applies if:
 (a) the future act notice is given in relation to land or waters wholly or partly within the area; and
 (b) the person becomes a registered native title claimant in relation to any land or waters that will be affected by the act, within the period of 2 months starting when the notice is given.

 (1C) The regulations may prescribe, for the purposes of paragraph (1)(b), other circumstances in which it is taken to be apparent from the timing of an application by a person for a determination of native title in relation to an area that it is made in response to a future act notice, including circumstances in which it is taken to be apparent in relation to a future act notice given under alternative provisions.

 (1D) For the purposes of paragraph (1)(c), the future act requirements are satisfied in relation to a future act notice to which the current law applies if one of the following paragraphs is satisfied in relation to each future act identified in the notice:
 (a) subsection 32(2) (which applies if no objection is made after the giving of a notice that the act attracts the expedited procedure) allows the act to be done;
 (b) a determination is made under subsection 32(4) that the act is an act attracting the expedited procedure;
 (c) native title parties have lodged one or more objections in relation to the act under subsection 32(3), but all such objections are withdrawn under subsection 32(6);
 (d) an agreement of the kind mentioned in paragraph 31(1)(b) is made;
 (e) a determination is made under section 36A or 38