Document ID: chunk:federal_register_of_legislation:C2024C00224:section:43a:p3
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 43A (pt 3/4)
Character Range: 281683–284516

the independent person or body hearing any objection as mentioned in paragraph (e) makes a determination upholding the objection, or that contains conditions about the doing of the act that relate to registered native title rights and interests, the determination must be complied with unless:
 (i) the Minister of the State or the Territory responsible for indigenous affairs is consulted; and
 (ii) the consultation is taken into account; and
 (iii) it is in the interests of the State or the Territory not to comply with the determination; and
 (h) if the act is of the kind mentioned in subparagraph 26(1)(c)(iii) (which deals with certain compulsory acquisitions)—confer on each claimant and body corporate procedural rights that are not less favourable than those they would have on the assumption that they instead held ordinary title to any land concerned and to the land adjoining, or surrounding, any waters concerned.

Meaning of determination
 (5) In paragraph (4)(g):
determination includes recommendation.
in the interests of the State or the Territory includes:
 (a) for the social or economic benefit of the State or the Territory (including of Aboriginal peoples and Torres Strait Islanders); and
 (b) in the interests of the relevant region or locality in the State or the Territory.

Requirement to be satisfied: compensation
 (6) For the purposes of paragraph (1)(b), the alternative provisions comply with this subsection if, in the opinion of the Commonwealth Minister, they provide for compensation for the effect of the act on native title to be payable and for any dispute about the compensation to be determined by an independent person or body.

Requirement to be satisfied: preservation of areas of significance
 (7) For the purposes of paragraph (1)(b), the requirements of this subsection are complied with if, in the opinion of the Commonwealth Minister, a law of the Commonwealth, the State or the Territory provides, for the whole of the land or waters to which the alternative provisions relate, in relation to the preservation or protection of areas, or sites, that may be of particular significance to Aboriginal peoples or Torres Strait Islanders in accordance with their traditions.

Different provisions for different kinds of land or waters
 (8) Laws of a State or Territory may make different provision under subsection (1) in relation to different kinds of land or waters.
Note: In such a case, the Commonwealth Minister would need to make separate determinations under that subsection.

Revocation of determination
 (9) If at any time the alternative provisions are amended so that they no longer comply as mentioned in paragraph (1)(b), the Commonwealth Minister must:
 (a) advise the State Minister or the Territory Minister concerned in writing of the fact; and
 (b) if, at the end of 90