Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:3_203af
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 3 cl 203AF
Character Range: 413019–415058

203AF  Variation of adjoining areas

Applications to vary areas

 (1) If the boundary of an area for which a body is the representative body adjoins the boundary of an area for which another body is the representative body, the bodies may jointly apply in writing to the Commonwealth Minister to vary the area for which each body is the representative body. The proposed variations are to relate only to the adjoining boundary.

Consultation prior to applications

 (2) Before making an application under subsection (1), the bodies must:
 (a) take all reasonable steps to consult the Aboriginal peoples or Torres Strait Islanders who could reasonably be expected to be affected by the proposed variations; and
 (b) satisfy themselves that there is broad support for the variations among the persons who hold, or may hold, native title in the area that will be covered by a different representative body as a result of the variations.

Matters to be included in applications

 (3) The application must:
 (a) include a statement of the steps the bodies took in consulting the Aboriginal peoples or Torres Strait Islanders referred to in paragraph (2)(a); and
 (b) briefly set out the grounds on which the bodies are satisfied that there is broad support for the variations among the persons referred to in paragraph (2)(b).

Commonwealth Minister may vary areas

 (4) The Commonwealth Minister may, by written instrument, vary the areas for which each body is the representative body in accordance with the application if the Commonwealth Minister is satisfied that, after the variations:
 (a) each body will satisfactorily represent the native title holders and persons who may hold native title in the area for which it will, after the variations, be the representative body; and
 (b) each body will be able to consult effectively with Aboriginal peoples and Torres Strait Islanders living in the area for which it will, after the variations, be the representative body; and
 (c) each body will satisfactorily perform its functions.