Native Title Act 1993

All members of the native title group (see subsection (2)) in relation to the area must be parties to the agreement, as must every relevant government (see subsection (3)).

The native title group consists of:

all registered native title bodies corporate in relation to land or waters in the area; and

all representative Aboriginal/Torres Strait Islander bodies for the area.

Each of the following is a relevant government:

the Commonwealth, if any of the area covered by the agreement is a place outside the jurisdictional limits of the States and Territories;

a State or Territory, if any of the area covered by the agreement is within the jurisdictional limits of the State or Territory.

Any of the following may also be a party to the agreement:

any registered native title claimant in relation to land or waters in the area;

Registered native title claimants are named on the Register of Native Title Claims as applicants in relation to claims to hold native title: see the definition of registered native title claimant in section 253.

The agreement will bind all members of the native title claim group concerned: see paragraph 24EA(1)(b).

any other person who claims to hold native title in relation to land or waters in the area;

any other person.

A registered native title claimant is taken to be a party to the agreement if:

a majority of the persons who comprise the registered native title claimant are parties to the agreement, unless paragraph (b) applies; or

if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement—those persons are parties to the agreement.

The persons in the majority must notify the other persons who comprise the registered native title claimant within a reasonable period after becoming parties to the agreement as mentioned in paragraph (5)(a). A failure to comply with this subsection does not invalidate the agreement.