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Before making an application to the Coordinator-General, a proponent seeking approval of a project as a ‘private infrastructure facility’ (PIF) must give notice to, and negotiate with, all the registered owners of the land required for the PIF and any native title holders.

Negotiations

After giving notice, the proponent must negotiate for at least six months with each registered owner and/or native title holder to reach agreement on the purchase of the land, or the entering into of an indigenous land use agreement for the land, required for the PIF.

Native title

Land required for an infrastructure facility may be subject to native title rights and interests.

Native title holders and claimants are entitled to the same procedural rights as they would have if they instead held freehold title to the land. Proponents are advised to contact the Office of the Coordinator-General at the earliest possible opportunity to discuss any existing native title rights and interests potentially affected by the proposed infrastructure facility.