Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_87a:p1
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 87A (pt 1/2)
Character Range: 47586–50145

87A  Power of Federal Court to make determination for part of an area

Application

 (1) This section applies if:
 (a) there is a proceeding in relation to an application for a determination of native title; and
 (b) at any stage of the proceeding after the end of the period specified in the notice given under section 66, agreement is reached on a proposed determination of native title in relation to an area (the determination area) included in the area covered by the application; and
 (c) all of the following persons are parties to the agreement:
 (i) the applicant;
 (ii) each registered native title claimant in relation to any part of the determination area who is a party to the proceeding at the time the agreement is made;
 (iv) each representative Aboriginal/Torres Strait Islander body for any part of the determination area who is a party to the proceeding at the time the agreement is made;
 (v) each person who holds a proprietary interest, in relation to any part of the determination area, at the time the agreement is made, that is registered in a public register of interests in relation to land or waters maintained by the Commonwealth, a State or Territory and who is a party to the proceeding at the time the agreement is made;
 (vi) each person who claims to hold native title in relation to land or waters in the determination area and who is a party to the proceeding at the time the agreement is made;
 (vii) the Commonwealth Minister, if the Commonwealth Minister is a party to the proceeding at the time the agreement is made or has intervened in the proceeding at any time before the agreement is made;
 (viii) if any part of the determination area is within the jurisdictional limits of a State or Territory, the State or Territory Minister for the State or Territory if the State or Territory Minister is a party to the proceeding at the time the agreement is made;
 (ix) any local government body for any part of the determination area who is a party to the proceeding at the time the agreement is made; and
 (d) the terms of the proposed determination are in writing and signed by or on behalf of each of those parties.

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 Registrar of the Federal Court must give notice to the other parties to the proceeding that the proposed determination of native title has been filed with