Native Title Act 1993

At all times while this Subdivision applies, the person included in the native title claim group has a right:

to have access, in the same way and to the same extent as the access mentioned in subsection 44A(3), to the traditional access area for the purpose of carrying on the one or more traditional activities in that area in the same way and to the same extent as they were carried on pursuant to the access mentioned in that subsection; and

to carry on those activities in that area in that way and to that extent.

The rights of:

the lessee under the lease; or

any person with non‑native title rights or interests in relation to the traditional access area;

The lessee or any person with non‑native title rights or interests in relation to the traditional access area may make an agreement with the person included in the native title claim group about:

the manner of exercise of any of the rights conferred by subsection (1); or

the variation of any of those rights.

For example, an agreement might be made requiring notification of intended exercise of the rights.

Any persons wishing to make such an agreement may request assistance from the NNTT or a recognised State/Territory body in negotiating the agreement.

The NNTT must not use or disclose information to which it has had access only because it provided assistance in negotiating the agreement for any purpose other than providing that assistance without the prior consent of the person who provided the NNTT with the information.

To avoid doubt, the fact that the person satisfies the conditions in section 44A does not mean that the person has native title rights and interests in relation to the traditional access area.