14 Paragraph 8(2)(e) Omit mentioned in subregulation 9 substitute under “document (2)”, “certificate regulation 9”. 15 Subregulation 8(2) (note 2) Omit will affect native title, must consult the common law substitute “that holders”, an alternative procedure agreement, must consult the common law holders “to enter on whom the decision would have an effect”. 16 Subregulation 8(2) (note 3) Omit substitute “document”, “certificate”. 17 After regulation 9 Insert: 10 Application of amendments made by the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2018 The amendments of these Regulations made by the Registered Native Title apply in relation to Bodies Corporate Legislation Amendment Regulations 2018 any native title decision made after the commencement of Schedule 1 to that instrument. Native Title (Prescribed Bodies Corporate) Regulations 1999 18 Subregulation 3(1) Insert: means a decision covered by paragraph (a), (b), (c) or (d) of high level decision the definition of native title decision. means a native title decision other than a high level decision. low level decision 19 Subregulation 3(1) (paragraph (b) of the definition of native title decision) Repeal the paragraph, substitute: (b) to enter an indigenous land use agreement under Subdivision B, C or D of Division 3 of Part 2 of the Act or an agreement under Subdivision P (right to negotiate) of that Division; or (c) to allow a person who is not a common law holder, or a class of persons who are not common law holders, to become members of a prescribed body corporate; or (d) to include one or more consultation processes in the constitution of a prescribed body corporate; or (e) to do, or to agree to, any act that would otherwise affect the native title rights or interests of the common law holders (other than a decision to make a compensation application). 20 Subregulation 3(1) Insert:
14 Paragraph 8(2)(e) Omit “document mentioned in subregulation 9 (2)”, substitute “certificate under regulation 9”. 15 Subregulation 8(2) (note 2) Omit “that will affect native title, must consult the common law holders”, substitute “to enter an alternative procedure agreement, must consult the common law holders on whom the decision would have an effect”. 16 Subregulation 8(2) (note 3) Omit “document”, substitute “certificate”. 17 After regulation 9 Insert: 10 Application of amendments made by the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2018 The amendments of these Regulations made by the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2018 apply in relation to any native title decision made after the commencement of Schedule 1 to that instrument. Native Title (Prescribed Bodies Corporate) Regulations 1999 18 Subregulation 3(1) Insert: high level decision means a decision covered by paragraph (a), (b), (c) or (d) of the definition of native title decision. low level decision means a native title decision other than a high level decision. 19 Subregulation 3(1) (paragraph (b) of the definition of native title decision) Repeal the paragraph, substitute: (b) to enter an indigenous land use agreement under Subdivision B, C or D of Division 3 of Part 2 of the Act or an agreement under Subdivision P (right to negotiate) of that Division; or (c) to allow a person who is not a common law holder, or a class of persons who are not common law holders, to become members of a prescribed body corporate; or (d) to include one or more consultation processes in the constitution of a prescribed body corporate; or (e) to do, or to agree to, any act that would otherwise affect the native title rights or interests of the common law holders (other than a decision to make a compensation application). 20 Subregulation 3(1) Insert:
exposure-draft-registered-native-title-bodies-corporate-legislation-amendment-regulations-2018.docx