Powers of the Far West Coast Aboriginal Corporation

Far West Coast Aboriginal Corporation

Powers

Powers of the

Far West Coast Aboriginal Corporation

5.1 Subject to the Corporation (Aboriginal and Torres Strait Islander) Act 2006 (the Act) and these rules, the Native Title Act 1993 and the Native Title (Prescribed Bodies Corporate) Regulations 1999 the corporation has the power to do anything lawful to carry out its objectives and to manage its affairs and functions, except:

a)the corporation must consult with, and obtain the consent of, the common law holders before making a native title decision (see Schedule 5);
b) the corporation cannot charge application fees for membership or annual membership fees.

6.1 General

The Corporation shall only perform a function or exercise a power if it is to fulfil an objective of the corporation and in performing a function or exercising a power shall only act:

a)so as to protect the interests of common law holders;
b) so as to ensure the maintenance of traditional laws and customs of the common law holders;
c) when making a native title decision in compliance with rule 6.2 will only make the decision in accordance with the consent and direction of the common law holders.

6.2 Native Title Decisions

a)The prescribed body corporate acting as representative of the common law holders must consult with, and obtain the consent of, the common law holders in accordance with this rule before making a native title decision.
b) The prescribed body corporate must ensure that the common law holders understand the purpose and nature of a proposed native title decision by;
i.consulting, and considering the views of, a representative body for the area that includes the land or waters to which the proposed decision relates; and ***
ii.if the prescribed body corporate considers it to be appropriate and practicable – giving notice of those views to the native title holders.
c)Consent must be given by the common law holders in accordance with the process of decision-making agreed to, or adopted, by them for the proposed native title decision, or for the decisions of the same kind as that decision.
d)An agreement that gives effect to a native title decision of a prescribed body corporate has no effect to the extent that it applies to the decision, if the body corporate does not comply with this rule;
e)Sub-rule 6.2(d) does not apply in relation to an indigenous land use agreement of a kind described in section 24EB or 24EBA of the Native Title Act 1993 (Cth).
f)The prescribed body corporate acting as representative of the common law holders must abide by the Spear Creek Agreements annexed to these rules when consulting with common law holders about native title decisions.

6.3 Evidence of consultation and consent

a)The corporation may only be taken to be satisfied that the common law holders as a group consent to the proposed native title decision if it has complied with Regulation 9 of the Native Title (Prescribed Bodies Corporate) Regulations 1999 and
b) The document set out in Schedule 5 certifies that;
i.in accordance with this rule and Regulation 9 that the affected common law holders have been consulted about and consent to the proposed native title decision; or
ii.that the proposed native title decision is of a kind about which the affected common law holders have been consulted and have decided that decisions of that kind can be made by the corporation.

Source: The Rule Book of the Far West Coast Aboriginal Corporation