Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 30

  (1)   Each of the following is also a native title party :

  (a)   any applicant who, 4 months after the notification day (see subsection   29(4)), is a registered native title claimant in relation to any of the land or waters that will be affected by the act, so long as:

  (i)   the application containing the claim was filed in the Federal Court, or given to the recognised State/Territory body, before the end of 3 months after the notification day; and

  (ii)   the claim related to any of the land or waters that will be affected by the act;

Note:   The note to subparagraph   29(2)(b)(i) explains who can be a registered native title claimant.

  (b)   any body corporate that, 3 months after the notification day, is a registered native title body corporate in relation to any of the land or waters that will be affected by the act;

  (c)   any body corporate that becomes a registered native title body corporate in relation to any of the land or waters that will be affected by the act:

  (i)   after the end of that period of 3 months; and

  (ii)   as a result of a claim whose details were entered on the Register of Native Title Claims before the end of that period of 3 months.

Ceasing to be a native title party

  (2)   A registered native title claimant ceases to be a native title party if the registered native title claimant ceases to be a registered native title claimant.

Note:   If a native title claim is successful, the registered native title claimant will be succeeded as a native title party by the registered native title body corporate.

Registered native title rights and interests

  (3)   For the purposes of this Subdivision, the registered native title rights and interests of a native title party are:

  (a)   if the native title party is such because an entry has been made on the National Native Title Register--the native title rights and interests described in that entry; or

  (b)   if the native title party is such because an entry has been made on the Register of Native Title Claims--the native title rights and interests described in that entry.

Replacing a native title party

  (4)   If:

  (a)   an applicant (the old applicant ) in relation to a claimant application is a native title party; and

  (b)   the old applicant is replaced as the applicant in relation to the claimant application by another applicant (the new applicant ); and

  (c)   the new applicant becomes a registered native title claimant;

the new applicant also replaces the old applicant as the native title party.