Commonwealth Consolidated Acts Commonwealth Consolidated ActsClaims made to Federal Court
(1) If the Registrar is given a copy of a claimant application under section 63 or subsection 64(4), the Registrar must, in accordance with this section, consider the claim made in the application.
Note: Unless subsection (1A) applies, in the case of an amended application (under subsection 64(4)), the Registrar would be required to consider the claim in the amended application even if the Registrar had already accepted for registration the claim in the original application. In such a case, if the claim in the amended application were then accepted for registration, the Registrar would be required under subsection 190(3) to amend the Native Title Register to reflect the amendment.
Exception for certain amended claims
(1A) Despite subsection (1), if:
(a) the Registrar is given a copy of an amended application under subsection 64(4) that amends a claim; and
(b) the application was amended because an order was made under section 87A by the Federal Court; and
(c) the Registrar has already considered the claim, as it stood before the application was amended;
the Registrar need not consider the claim made in the amended application.
Effect of certain notices
(2) If, either before the Registrar begins to do so or while he or she is doing so, a notice is given in accordance with:
(a) paragraph 24MD(6B)(c); or
(b) section 29; or
(c) a provision of a law of a State or Territory that corresponds to section 29 and is covered by a determination in force under section 43; or
(d) a provision of a law of a State or Territory that corresponds to section 29 and is covered by a determination in force under section 43A;
in relation to an act affecting any of the land or waters in the area covered by the application, the Registrar must use his or her best endeavours to finish considering the claim by the end of:
(e) in a paragraph (a) case--2 months after the notice is given; or
(f) in a paragraph (b) case--4 months after the notification day specified in the notice; or
(g) in a paragraph (c) case--the period, in the law of the State or Territory, that corresponds to the period of 4 months mentioned in paragraph 30(1)(a); or
(h) in a paragraph (d) case--the period at the end of which any registered native title claimant or registered native title body corporate has a right to be consulted about the act, to object to the act or to participate in negotiations about the act.
Otherwise, claim to be considered as soon as is practicable
(2A) In any other case, the Registrar must finish considering the claim as soon as is practicable.
Information to be considered
(3) In considering a claim under this section, the Registrar must have regard to:
(a) information contained in the application and in any other documents provided by the applicant; and
(b) any information obtained by the Registrar as a result of any searches conducted by the Registrar of registers of interests in relation to land or waters maintained by the Commonwealth, a State or a Territory; and
(c) to the extent that it is reasonably practicable to do so in the circumstances--any information supplied by the Commonwealth, a State or a Territory, that, in the Registrar's opinion, is relevant to whether any one or more of the conditions set out in section 190B or 190C are satisfied in relation to the claim;
and may have regard to such other information as he or she considers appropriate.
Information about other rights and interests
(4) Without limiting subsection (3), information mentioned in that subsection may include information about current or previous non - native title rights and interests in, or in relation to, the land or waters in the area covered by the application.
Effect of paragraph (3)(b)
(5) The fact that no information of the kind referred to in paragraph (3)(b) has been supplied at a particular time does not prevent the Registrar accepting a claim for registration under this section.
Notification about amending application
(5A) Before the Registrar has decided whether or not to accept the claim for registration, he or she may notify the applicant that the application may be amended under the Federal Court Rules.
Test for registration
(6) The Registrar must accept the claim for registration if:
(a) either:
(i) the claim was made in an application given to the Registrar under section 63; or
(ii) the claim was made in an amended application given to the Registrar under subsection 64(4) and subsection (6A) of this section does not apply; and
(b) the claim satisfies all of the conditions in:
(i) section 190B (which deals mainly with the merits of the claim); and
(ii) section 190C (which deals with procedural and other matters).
(6A) The Registrar must accept the claim (the later claim ) for registration if:
(a) a claim (the earlier claim ) was made in an application given to the Registrar under section 63 or subsection 64(4) (the earlier application ); and
(b) the Registrar accepted the earlier claim for registration under subsection (6) of this section; and
(c) the later claim was made in an application given to the Registrar under subsection 64(4) that amends the earlier application; and
(d) the Registrar is satisfied that the only effect of the amendment is to do one or more of the following:
(i) reduce the area of land or waters covered by the application, in circumstances where the information and map contained in the application, as amended, are sufficient for it to be said with reasonable certainty whether native title rights and interests are claimed in relation to particular land or waters;
(ii) remove a right or interest from those claimed in the application;
(iia) give effect to the operation of section 47C in relation to the application as mentioned in subsection 64(2A);
(iii) change the name in the application of the representative body, or one of the representative bodies, recognised for the area covered by the application, in circumstances where the body's name has been changed or the body has been replaced with another representative body or a body to whom funding is made available under section 203FE;
(iv) change the name in the application of the body to whom funding was made available under section 203FE in relation to all or part of the area covered by the application, in circumstances where the body's name has been changed or the body has been replaced by another such body or a representative body;
(v) alter the address for service of the person who is, or persons who are, the applicant.
(6B) If neither subsection (6) nor (6A) applies, the Registrar must not accept the claim for registration.
Note: The fact that the Registrar is considering the claim under this section does not mean that the application cannot be amended: see subsection 64(3).
Effect of withdrawal etc. of application
(7) If:
(a) before the Registrar has decided whether or not to accept the claim for registration; or
(b) after the Registrar has decided to accept the claim for registration but before the Registrar has included details of the claim in the Register of Native Title Claims;
the Registrar is notified under section 189 or 189A of a decision or determination to the effect that the application has been dismissed or otherwise finalised, or is notified that the application has been withdrawn, the Registrar must not:
(c) decide whether or not to accept the claim for registration; or
(d) enter the details in the Register;
as the case requires.