Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 13

13.(1) An application may be made to the Registrar under Part 3:

   (a)  for a determination of native title in relation to an area for which
        there is no approved determination of native title; or

   (b)  to revoke or vary an approved determination of native title on the
        grounds set out in subsection (5). Native title determinations by NNTT
        or Federal Court when determining compensation entitlements

(2) If:

   (a)  the NNTT or the Federal Court is making a determination of
        compensation in accordance with Division 5; and

   (b)  an approved determination of native title has not previously been made
        in relation to the whole or part of the area concerned; the NNTT or
        Federal Court must also make a current determination of native title
        in relation to the whole or the part of the area, that is to say, a
        determination of native title as at the time at which the
        determination of compensation is being made. Approved determinations
        of native title
(3) Subject to subsection (4), each of the following is an "approved
determination of native title":

   (a)  a determination of native title made on an application under paragraph
        (1)(a) or in accordance with subsection (2);

   (b)  an order, judgment or other decision of a recognised State/Territory
        body that involves a determination of native title in relation to an
        area within the jurisdictional limits of the State or Territory.
        Variation or revocation of determinations

(4) If an approved determination of native title is varied or revoked on the
grounds set out in subsection (5) by:

   (a)  the NNTT or the Federal Court, in determining an application under
        Part 3; or

   (b)  a recognised State/Territory body in an order, judgment or other
        decision; then:

   (c)  in the case of a variation-the determination as varied becomes an

"approved determination of native title" in place of the original; and

   (d)  in the case of a revocation-the determination is no longer an approved
        determination of native title. Grounds for variation or revocation

(5) For the purposes of subsection (4), the grounds for variation or
revocation of an approved determination of native title are:

   (a)  that events have taken place since the determination was made that
        have caused the determination no longer to be correct; or

   (b)  that the interests of justice require the variation or revocation of
        the determination. Review or appeal

(6) If:

   (a)  a determination of the NNTT or the Federal Court; or

   (b)  an order, judgment or other decision of a recognised State/Territory
        body; is subject to any review or appeal, this section refers to the
        determination, order, judgment or decision as affected by the review
        or appeal, when finally determined. High Court determinations
(7) A determination of native title by the High Court is an "approved
determination of native title".