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NATIVE TITLE ACT 1993 - SECT 61

Native title and compensation applications

Applications that may be made

             (1)  The following table sets out applications that may be made under this Division to the Federal Court and the persons who may make each of those applications:

 

Applications

Kind of

application

 

Application

 

Persons who may make application

Native title determination application

Application, as mentioned in subsection 13(1), for a determination of native title in relation to an area for which there is no approved determination of native title.

(1) A person or persons authorised by all the persons (the native title claim group) who, according to their traditional laws and customs, hold the common or group rights and interests comprising the particular native title claimed, provided the person or persons are also included in the native title claim group; or

Note 1:    The person or persons will be the applicant: see subsection (2) of this section.

Note 2:    Section 251B states what it means for a person or persons to be authorised by all the persons in the native title claim group.

(2) A person who holds a non-native title interest in relation to the whole of the area in relation to which the determination is sought; or

(3) The Commonwealth Minister; or

(4) The State Minister or the Territory Minister, if the determination is sought in relation to an area within the jurisdictional limits of the State or Territory concerned.

Revised native title determination application

Application, as mentioned in subsection 13(1), for revocation or variation of an approved determination of native title, on the grounds set out in subsection 13(5).

(1) The registered native title body corporate; or

(2) The Commonwealth Minister; or

(3) The State Minister or the Territory Minister, if the determination is sought in relation to an area within the jurisdictional limits of the State or Territory concerned; or

(4) The Native Title Registrar.

Compensation application

Application under subsection 50(2) for a determination of compensation.

(1) The registered native title body corporate (if any); or

(2) A person or persons authorised by all the persons (the compensation claim group ) who claim to be entitled to the compensation, provided the person or persons are also included in the compensation claim group.

Note 1:    The person or persons will be the applicant: see subsection (2) of this section.

Note 2:    Section 251B states what it means for a person or persons to be authorised by all the persons in the compensation claim group.

Applicant in case of applications authorised by claim groups

             (2)  In the case of:

                     (a)  a native title determination application made by a person or persons authorised to make the application by a native title claim group; or

                     (b)  a compensation application made by a person or persons authorised to make the application by a compensation claim group;

the following apply:

                     (c)  the person is, or the persons are jointly, the applicant ; and

                     (d)  none of the other members of the native title claim group or compensation claim group is the applicant .

Applicant's name and address

             (3)  An application must state the name and address for service of the person who is, or persons who are, the applicant.

Applications authorised by persons

             (4)  A native title determination application, or a compensation application, that persons in a native title claim group or a compensation claim group authorise the applicant to make must:

                     (a)  name the persons; or

                     (b)  otherwise describe the persons sufficiently clearly so that it can be ascertained whether any particular person is one of those persons.

Form etc.

             (5)  An application must:

                     (a)  be in the prescribed form; and

                     (b)  be filed in the Federal Court; and

                     (c)  contain such information in relation to the matters sought to be determined as is prescribed; and

                     (d)  be accompanied by any prescribed documents and any prescribed fee.



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