Document ID: chunk:federal_register_of_legislation:C2024C00224:section:87a:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 87A (pt 2/3)
Character Range: 435850–438524

the proposed determination are satisfied if:
 (a) a majority of the persons who comprise the registered native title claimant are parties to the agreement and sign the terms, 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 and sign the terms—those persons are parties to the agreement and sign the terms.
 (1B) 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 and signing the terms, as mentioned in paragraph (1A)(a). A failure to comply with this subsection does not invalidate the agreement or any signature.

Proposed determination may be filed with the Court
 (2) A party to the agreement may file a copy of the terms of the proposed determination of native title with the Federal Court.

Certain parties to the proceeding to be given notice
 (3) The Federal Court Chief Executive Officer must give notice to the other parties to the proceeding that the proposed determination of native title has been filed with the Court.

Orders may be made
 (4) The Court may make an order in, or consistent with, the terms of the proposed determination of native title without holding a hearing, or if a hearing has started, without completing the hearing, if the Court considers that:
 (a) an order in, or consistent with, the terms of the proposed determination would be within its power; and
 (b) it would be appropriate to do so.
Note: As the Court's order involves making a determination of native title, the order needs to comply with section 94A (which deals with the requirements of native title determination orders).
 (5) Without limiting subsection (4), if the Court makes an order under that subsection, the Court may also make an order under this subsection that gives effect to terms of the agreement that involve matters other than native title if the Court considers that:
 (a) the order would be within its power; and
 (b) it would be appropriate to do so.
 (6) The jurisdiction conferred on the Court by this Act extends to making an order under subsection (5).
 (7) The regulations may specify the kinds of matters other than native title that an order under subsection (5) may give effect to.

Objections
 (8) In considering whether to make an order under subsection (4) or (5), the Court must take into account any objections made by the other parties to the proceedings.

Agreed statement of facts
 (9) If some or all of the parties to the proceeding have reached agreement on a statement