Part 2—Pastoral leases held by native title claimants Native Title Act 1993 17 Subparagraph 47(1)(b)(iii) After “shareholders”, insert “or, in the case of a body corporate without shareholders, members”. 18 Application The amendments of subparagraph 47(1)(b)(iii) of the Native Title Act 1993 made by this Part apply in relation to any application under section 61 of that Act: (a) that is made after the commencement of this item; or (b) that was made before that commencement, but has not been determined as at that commencement.
if the extinguishment mentioned in column 3 of the item were disregarded in accordance with the section mentioned in column 2 of the item. Acts affecting native title if prior extinguishment disregarded Item Column 1 Application Column 2 Section Column 3 Extinguishment to be disregarded 1 Application under section 61 section 47 (pastoral leases held by native title claimants) any extinguishment of the native title rights and interests in relation to the area by any of the acts mentioned in subsection 47(2) 2 Claimant application section 47A (reserves etc. covered by claimant applications) any extinguishment, of the native title rights and interests in relation to the area that are claimed in the application, by any of the acts mentioned in subsection 47A(2) 3 Claimant application section 47B (vacant Crown land covered by claimant applications) any extinguishment, of the native title rights and interests in relation to the area that are claimed in the application, by the creation of any prior interest in relation to the area 4 Claimant application or revised native title determination section 47C (national parks etc. covered by native title any extinguishment of the native title rights and interests in relation
Schedule 5—Intervention and consent determinations Part 1—Intervention in proceedings Native Title Act 1993 1 Subsection 84A(1) After “written notice to”, insert “the High Court or”. 2 Paragraph 87(1)(a) Omit “between the parties”. 3 After paragraph 87(1)(a) Insert: (aa) the agreement is reached between all of the following persons: (i) the parties to the proceedings; (ii) the Commonwealth Minister, if the Commonwealth Minister is intervening in the proceedings at the time the agreement is made; and 4 Paragraph 87(1)(b) Omit “the parties”, substitute “the persons mentioned in paragraph (aa)”. 5 At the end of section 87 Add: (12) A reference in subsections (8) to (11) to the parties to the proceeding includes a reference to the Commonwealth Minister if
the Commonwealth Minister is intervening in the proceeding at the time a statement of facts is agreed. 6 Subparagraph 87A(1)(c)(vii) Repeal the subparagraph, substitute: (vii) the Commonwealth Minister, if the Commonwealth Minister is a party to, or is intervening in, the proceeding at the time the agreement is made; 7 At the end of section 87A Add: (13) A reference in subsections (9) to (12) to the parties to the proceeding includes a reference to the Commonwealth Minister if the Commonwealth Minister is intervening in the proceeding at the time a statement of facts is agreed. 8 Application High Court proceedings (1) The amendments of section 84A of the Native Title Act 1993 made by this Part apply in relation to: (a) any proceeding commenced after the commencement of this item; and (b) any proceeding commenced before the commencement of this item, if the proceeding has not been finally determined by the commencement of this item. Consent determinations (2) The amendments of subsection 87(1) of the Native Title Act 1993 made by this Part apply in relation to any agreement the terms of which are filed with the Federal Court after the commencement of this item: