(1) Each of the following is a
"native title party" for an area—
(a) a registered native title claimant for
the area;
(b) a person who, at any time after the commencement of this
section, was a registered native title claimant for the area, but only if—
(i) the person’s claim has failed and—
(A) the person’s claim was the
last claim registered under the Register of Native Title Claims for the area;
and
(B) there is no other registered native title claimant for the area; and
(C) there is not, and never has been, a registered native title holder for the
area; or
(ii) the person has surrendered the person’s native title under an
indigenous land use agreement registered on the Register of Indigenous Land
Use Agreements; or
(iii) the person’s native title has been compulsorily
acquired or has otherwise been extinguished;
(c) a registered native title
holder for the area;
(d) a person who was a registered native title holder
for the area, but only if—
(i) the person has surrendered the person’s
native title under an indigenous land use agreement registered on the Register
of Indigenous Land Use Agreements; or
(ii) the person’s native title has
been compulsorily acquired or has otherwise been extinguished.
(2) If a
person would be a native title party under subsection (1) (b) but the person
is no longer alive, the native title party is instead taken to be the native
title claim group who, under the Commonwealth Native Title Act, authorised the
person to make the relevant native title determination application.