South Australian Repealed Regulations South Australian Repealed RegulationsThis legislation has been repealed.
6B—Explanation of acquisition scheme may be required
For the purposes of section 11(2)(b)(iii)(B) and 12(2)(b)(iii)(B) of the Act,
an Aboriginal group must authorise the representative Aboriginal body to act
on its behalf as follows:
(a) the
authorisation must be in writing; and
(b) the
authorisation must—
(i)
name the persons comprising the Aboriginal group claiming
native title or otherwise define the Aboriginal group sufficiently clearly so
that it can be ascertained whether any particular person is a member of the
group; and
(ii)
state that the Aboriginal group does not have, and is not
part of another Aboriginal group that has, a registered representative; and
(iii)
define the land to which the claim relates with
sufficient particularity to enable the boundaries of the area covered by the
claim and any areas within those boundaries that are not covered by the claim
to be readily identified; and
(iv)
state the nature of the rights conferred by the native
title claimed and the nature of activities that may be carried out pursuant to
those rights; and
(v)
state the factual basis on which it is asserted that the
Aboriginal group holds the native title claimed; and
(c) the
authorisation must expressly authorise the representative Aboriginal body to
act under section 11 and 12 of the Act on behalf of the group in relation
to a specified notice of intention to acquire land to which the native title
claim relates; and
(d) the
authorisation must be signed by a member of the group authorised to sign on
behalf of the group following either—
(i)
a process of decision making recognised by the
traditional laws or customs of the Aboriginal group; or
(ii)
a process of decision making agreed to and adopted by the
Aboriginal group in relation to the decision or in relation to decisions of
that kind.