National Native Title Tribunal Regulations (Amendment) (Cth)

Statutory Rules 1998No. 3 1

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National Native Title Tribunal Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Native Title Act 1993.

Dated 4 February 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General

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1.   Amendment

1.1   The National Native Title Tribunal Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation Act 1901, s 48.]

2.   Regulation 8 (When fees are not payable)

2.1   Add at the end:

• “; or (c)

  the person liable to pay the fee makes an application under section 35 of the Act for a determination in relation to a future act (the ‘new application’) in the following circumstances:

  • (i)

    the person is a Government party;

  • (ii)

    the person previously made an application under section 35 of the Act for a determination in relation to a future act (the ‘first application’);

  • (iii)

    the prescribed fee for the first application was paid;

  • (iv)

    the first application and the new application relate to the same future act;

  • (v)

    the first application was withdrawn to allow the person to negotiate in good faith with the other negotiation parties.”.

3.   Regulation 17 (Calculation of increase)

3.1   Subregulation 17 (2) (definition of “fee”):

Omit “during”, substitute “at the end of”.

4.   Schedule 1 (Forms)

4.1   Form 4:

Item 7:

Omit “body corporate”, substitute “holders”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 11 February 1998.

2. Statutory Rules 1993 No. 380 as amended by 1994 No. 6; 1995 Nos. 399 and 420; 1996 No. 186.