Service where existence of native title, or identity of native title holders uncertain
30 Service where existence of native title, or identity of native title holders uncertain
A notice or other document is validly served on all who hold or may hold native title in land as follows:
in the case of a right to negotiate notice, if—
notice of the nature and effect of the notice or other document is given as required by regulation; and
a copy of the notice or other document is given personally or by post or by some other agreed method to—
all registered representatives of claimants to or holders of native title in the land, as at the date notice was last given as required under subparagraph (i); and
the relevant representative Aboriginal body; and
the
State Minister;
in any other case, if a copy of the notice or other document is given personally or by post or by some other agreed method to—
all registered representatives of claimants to or holders of native title in the land; and
the relevant representative Aboriginal body.
If—
an
Act provides for the service of notices or other documents on persons with an interest in land, but does not specifically prescribe a method of service on native title holders; and
the land in question is native title land but there is no registered native title in the relevant land, the
Act is taken to provide for service on native title holders in accordance with this section (which applies to service on native title holders under the Act to the exclusion of provisions of the
Act about how service is to be effected).
Service of a notice or other document is effected when all requirements of this section for its service are completed.
In this section—
right to negotiate notice means—
a notice of the initiation of negotiations under Part 9B of the Mining
Act 1971 or Part 7 of the Opal
Mining Act 1995;
a notice of intention to acquire land under the Land
Acquisition Act 1969 in a case to which Part 4 Division 1 of that Act applies;
any other notice declared by regulation to be a right to negotiate notice.
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