Native Title Act 1993

In performing its facilitation and assistance functions in relation to any matter, a representative body must:

consult with, and have regard to the interests of, any registered native title bodies corporate, native title holders or persons who may hold native title who are affected by the matter; and

if the matter involves the representative body representing such bodies corporate, native title holders or persons—be satisfied they understand and consent to any general course of action that the representative body takes on their behalf in relation to the matter.

For the purposes of paragraph (1)(b), a native title holder or a person who may hold native title is taken to have consented to action if:

where there is a process of decision‑making that, under the traditional laws and customs of the group to which he or she belongs, must be complied with in relation to giving consent of that kind—the consent was given in accordance with that process; or

where there is no such process of decision‑making—the consent was given in accordance with a process of decision‑making agreed to and adopted by the members of the group to which he or she belongs in relation to giving the consent or giving consent of that kind.

In performing its facilitation and assistance functions in relation to an application under section 61 in relation to land or waters wholly or partly within the area for which the body is the representative body, the representative body must:

act in a way that promotes an orderly, efficient and cost‑effective process for making such applications; and

if the land or waters covered by the application are wholly or partly covered by one or more applications (including proposed applications) of which the representative body is aware—make all reasonable efforts to minimise the number of applications covering the land or waters.