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reg 13

Definition of native title party for s. 18(1AA) of Act

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13 Definition of native title party for s. 18(1AA) of Act

(1)

In this regulation —

Badimia land dataset means the geographical information systems spatial dataset titled “WA_BLACA_20231025.shp” that was held by the CEO on 25 October 2023;

Murujuga land dataset means the geographical information systems spatial dataset titled “WA_MACA_20231025.shp” that was held by the CEO on 25 October 2023;

representative body has the meaning given in the Native Title Act 1993 (Commonwealth) section 253;

representative body area, in relation to a representative body, means the area in relation to which the body is recognised under the Native Title Act 1993 (Commonwealth) section 203AD;

service provider means a body to which funding is made available under the Native Title Act 1993 (Commonwealth) section 203FE;

specified area, in relation to a service provider, means the specified area referred to in the Native Title Act 1993 (Commonwealth) section 203FE in respect of which the service provider is enabled to perform functions as described in that section.

(2)

This regulation has effect for the purposes of paragraph (d) of the definition of native title party in section 18(1AA) of the Act.

(3)

Murujuga Aboriginal Corporation (ABN 51 627 395 274) is prescribed in relation to land in the area described in the Murujuga land dataset.

(4)

Badimia Land Aboriginal Corporation (ABN 31 775 861 208) is prescribed in relation to land (the relevant land) if —

(a)

the relevant land is in the area described in the Badimia land dataset; and

(b)

there is no other native title party in relation to the relevant land under paragraph (a), (b) or (c) of the definition of native title party in section 18(1AA) of the Act.

(5)

A body listed in the Table to this subregulation is prescribed in relation to land (the relevant land) if —

(a)

the relevant land is in the specified area or representative body area for the body (as is relevant); and

(b)

there is no other native title party in relation to the relevant land.

Table

Service providers

Central Desert Native Title Services Limited (ABN 53 124 921 811)

NTS Goldfields Ltd (ABN 54 635 417 042)

Representative bodies

Kimberley Land Council Aboriginal Corporation (ICN 21)

Yamatji Marlpa Aboriginal Corporation (ICN 2001)

(6)

The CEO must ensure that the Badimia land dataset and the Murujuga land dataset are publicly available on the Department’s website.

[Regulation 13 inserted: SL 2023/173 r. 15.]

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Section 13 — Definition of native title party for s. 18(1AA) of Act — Aboriginal Heritage Regulations 1974 (Western Australia) — Barrister AI