Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 13

Applications to Federal Court

  (1)   An application may be made to the Federal Court 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 Federal Court when determining compensation entitlements

  (2)   If:

  (a)   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 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.

Note:   The compensation application must contain the information that would be required for a native title determination application for the area: see section   62.

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 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; or

  (c)   that the determination relates to an area in relation to which the agreement required by paragraph   47C(1)(b) has been given.

Note:   Section   47C provides for extinguishment of native title rights and interests in relation to certain areas such as national parks etc. to be disregarded.

Review or appeal

  (6)   If:

  (a)   a determination of 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 .