Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 64

Application may be amended to reduce land or waters covered

  (1A)   An application may at any time be amended to reduce the area of land or waters covered by the application. (This subsection does not, by implication, limit the amendment of applications in any other way.)

Note:   If such an amendment is made, the Court may make an appropriate costs order under section   85A.

Amendments taken to have been made in certain cases

  (1B)   An application is taken to have been amended to reduce the area of land or waters covered by the application if an order is made under section   87A by the Federal Court. The area of land or waters is reduced by the area in relation to which the order is made.

  (1C)   Subsection   (1B) does not, by implication, limit the amendment of applications in any other way.

Amendment not to result in inclusion of additional areas

  (1)   An amendment of an application must not result in the inclusion of any area of land or waters that was not covered by the original application.

Note:   The Federal Court Rules provide for the amendment of applications.

Exceptions to subsection   (1)

  (2)   However, if:

  (a)   the application is a claimant application (see section   253); and

  (b)   the amendment combines the application with another claimant application or claimant applications;

subsection   (1) does not prevent the inclusion of any area of land or waters covered by the other application or applications.

  (2A)   In addition, subsection   (1) does not prevent an amendment that results in the inclusion of any area of land or waters that was not covered by the original application, if the operation of section   47C has been agreed to in writing in accordance with paragraph   47C(1)(b) in relation to the area after the making of the original application.

Application may be amended despite current action by Registrar or Federal Court

  (3)   In the case of a claimant application, the fact that:

  (a)   the Registrar is, under section   190A, considering the claim made in the application; or

  (b)   the NNTT is, under section   190E, reconsidering the claim made in the application; or

  (c)   the Federal Court is, on the application of the applicant under subsection   190F(1), reviewing the decision of the Registrar in relation to the claim;

does not prevent amendment of the application.

Federal Court Chief Executive Officer to give copy of amended application to Native Title Registrar

  (4)   If an application is amended, the Federal Court Chief Executive Officer must, as soon as practicable, give a copy of the amended application to the Native Title Registrar.