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NATIVE TITLE ACT 1993 - SECT 62

Information etc. in relation to certain applications

Claimant applications

             (1)  A claimant application (see section 253):

                     (a)  must be accompanied by an affidavit sworn by the applicant:

                              (i)  that the applicant believes that the native title rights and interests claimed by the native title claim group have not been extinguished in relation to any part of the area covered by the application; and

                             (ii)  that the applicant believes that none of the area covered by the application is also covered by an approved determination of native title; and

                            (iii)  that the applicant believes that all of the statements made in the application are true; and

                            (iv)  that the applicant is authorised by all the persons in the native title claim group to make the application and to deal with matters arising in relation to it; and

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

                             (v)  setting out details of the process of decision-making complied with in authorising the applicant to make the application and to deal with matters arising in relation to it; and

                     (b)  must contain the details specified in subsection (2); and

                     (c)  may contain details of:

                              (i)  if any member of the native title claim group currently has, or previously had, any traditional physical connection with any of the land or waters covered by the application--that traditional physical connection; or

                             (ii)  if any member of the native title claim group has been prevented from gaining access to any of the land or waters covered by the application--the circumstances in which the access was prevented.

Note:          The applicant will be the registered native title claimant in relation to the area claimed if and for so long as the claim is entered on the Register of Native Title Claims.

Details required by paragraph (1)(b)

             (2)  For the purposes of paragraph (1)(b), the details required are as follows:

                     (a)  information, whether by physical description or otherwise, that enables the boundaries of:

                              (i)  the area covered by the application; and

                             (ii)  any areas within those boundaries that are not covered by the application;

                            to be identified;

                     (b)  a map showing the boundaries of the area mentioned in subparagraph (a)(i);

                     (c)  details and results of all searches carried out by or on behalf of the native title claim group to determine the existence of any non-native title rights and interests in relation to the land or waters in the area covered by the application;

                     (d)  a description of the native title rights and interests claimed in relation to particular land or waters (including any activities in exercise of those rights and interests), but not merely consisting of a statement to the effect that the native title rights and interests are all native title rights and interests that may exist, or that have not been extinguished, at law;

                     (e)  a general description of the factual basis on which it is asserted that the native title rights and interests claimed exist and in particular that:

                              (i)  the native title claim group have, and the predecessors of those persons had, an association with the area; and

                             (ii)  there exist traditional laws and customs that give rise to the claimed native title; and

                            (iii)  the native title claim group have continued to hold the native title in accordance with those traditional laws and customs;

                      (f)  if the native title claim group currently carry on any activities in relation to the land or waters--details of those activities;

                     (g)  details of any other applications to the High Court, Federal Court or a recognised State/Territory body, of which the applicant is aware, that have been made in relation to the whole or a part of the area covered by the application and that seek a determination of native title or a determination of compensation in relation to native title;

                    (ga)  details of any notifications under paragraph 24MD(6B)(c), of which the applicant is aware, that have been given and that relate to the whole or a part of the area;

                     (h)  details of any notices under section 29 (or under a corresponding provision of a law of a State or Territory), of which the applicant is aware, that have been given and that relate to the whole or a part of the area.

Note:           Notices under paragraph 24MD(6B)(c) and section 29 are relevant to subsection 190A(2).

Compensation applications

             (3)  In the case of a compensation application whose making was authorised by a compensation claim group, the application:

                     (a)  must be accompanied by an affidavit sworn by the applicant:

                              (i)  that the applicant believes that native title rights and interests exist or have existed in relation to the area; and

                             (ii)  that the applicant believes that all of the statements made in the application are true; and

                            (iii)  that the applicant is authorised by all the persons in the compensation claim group to make the application and to deal with matters arising in relation to it; and

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

                            (iv)  setting out details of the process of decision-making complied with in authorising the applicant to make the application and to deal with matters arising in relation to it; and

                     (b)  must contain the details that would be required to be specified by paragraph (1)(b), and may contain the details that would be permitted under paragraph (1)(c), if the compensation application were instead a native title determination application in respect of the native title involved in the compensation application.



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