Native Title Act 1993

A registered native title body corporate may charge a person, other than a person mentioned in subsection (4), a fee for costs the registered native title body corporate incurs when performing one or more of the following functions:

negotiating an agreement under paragraph 31(1)(b);

negotiating an agreement under alternative provisions provided for by a law of a State or Territory in respect of which the Commonwealth Minister has made a determination under paragraph 43(1)(b);

negotiating indigenous land use agreements under Subdivisions B, C and D of Division 3 of this Part.

The regulations may provide for a registered native title body corporate to charge a person, other than a person mentioned in subsection (4), a fee for costs the registered native title body corporate incurs when performing other functions specified in the regulations.

A fee imposed under subsection (1), or under regulations made for the purposes of subsection (2), must not be such as to amount to taxation.

For the purposes of this section, a registered native title body corporate may not charge the following persons a fee:

the common law holders for whom the registered native title body corporate holds native title rights and interests in trust;

the common law holders for whom the registered native title body corporate is an agent prescribed body corporate;

another registered native title body corporate;

a representative body;

a registered native title claimant or other person who claims to hold native title in relation to the land or waters in:

an area affected by an act to which negotiations mentioned in subsection (1) relate; or

an area proposed to be covered by an indigenous land use agreement.

A registered native title body corporate may not charge a person a fee for costs the registered native title body corporate incurs when performing functions:

as a party to a proceeding or an inquiry in which:

a determination that an act must not be done; or

a determination that an act may be done; or

a determination that an act may be done subject to conditions being complied with;

as a party to any court proceedings; and

in any other circumstances prescribed by the regulations.