Commonwealth Consolidated Acts Commonwealth Consolidated ActsRegistrar to comply with section
(1) If the Native Title Registrar is given a copy of an application under section 63, the Registrar must comply with the requirements of this section.
Copies to State/Territory Minister
(2) If any of the area covered by the application is within the jurisdictional limits of a State or Territory, the Registrar must, as soon as is reasonably practicable, give the State Minister or Territory Minister for the State or Territory a copy of:
(a) the application; and
(b) any other documents that the Federal Court Chief Executive Officer gives the Native Title Registrar under section 63 in relation to the application.
Copies to representative bodies
(2A) The Registrar must, as soon as is reasonably practicable, give the representative bodies for the area covered by the application a copy of:
(a) the application; and
(b) any other documents that the Federal Court Chief Executive Officer gives the Native Title Registrar under section 63 in relation to the application.
Notice to be given
(3) Subject to this section, the Registrar must:
(a) give notice containing details of the application to the following persons or bodies (other than the applicant in relation to the application):
(i) any registered native title claimant in relation to any of the area covered by the application; and
(ii) any registered native title body corporate in relation to any of the area covered by the application; and
(iii) any representative Aboriginal/Torres Strait Islander body for any of the area covered by the application; and
(iv) subject to subsection (5), any person who when the notice is given, holds a proprietary interest, in relation to any of the area covered by the application, that is registered in a public register of interests in relation to land or waters maintained by the Commonwealth, a State or Territory; and
(v) the Commonwealth Minister; and
(vi) any local government body for any of the area covered by the application; and
(vii) if the Registrar considers it appropriate in relation to the person--any person whose interests may be affected by a determination in relation to the application; and
(b) give a copy of the notice to the Federal Court; and
(c) if any of the area covered by the application is within the jurisdictional limits of a State or Territory--give a copy of the notice to the State Minister or Territory Minister for the State or Territory; and
(d) notify the public in the determined way of the application.
Exception where application is struck out
(4) Subsection (3) does not apply if:
(a) the State or Territory Minister applies to the Federal Court under subsection 84C(1) or otherwise, within 28 days after the day on which the State or Territory Minister is given a copy of the application under subsection (2), to strike out the application; and
(b) the Court strikes out the application.
Exception to subparagraph (3)(a)(iv)
(5) If the Registrar considers that, in the circumstances, it would be unreasonable to give notice to a person in accordance with subparagraph (3)(a)(iv), the Registrar is not required to give notice to that person.
Notice etc. not to be given until claim registration decision made
(6) If the application is a claimant application:
(a) the Registrar must not comply with subsection (3) until the Registrar has decided, in accordance with section 190A, whether or not to accept for registration the claim made in the application; and
(b) the notice required to be given under subsection (3) must state whether or not the Registrar has accepted the claim for registration.
Federal Court order as to notice
(7) The Registrar may apply to the Federal Court for an order as to:
(a) whether a particular person or class of persons must be given notice under paragraph (3)(a); or
(b) how such notice must be given.
Notice to specify day
(8) A notice under paragraph (3)(a) or (d) must specify a day as the notification day for the application. Each such notice in relation to the application must specify the same day.
Which days may be specified
(9) That day must be a day by which, in the Registrar's opinion, it is reasonable to assume that all notices under paragraphs (3)(a) and (d) in relation to the application will have been received by, or will otherwise have come to the attention of, the persons who must be notified under those paragraphs.
Contents of notice
(10) A notice under paragraph (3)(a) or (d) must also include a statement to the effect that:
(a) in the case of a non - claimant application (see section 253)--the area covered by the application may be subject to section 24FA protection unless, at the end of the period of 3 months starting on the notification day (as defined in subsection (8) of this section), the area is covered by a relevant native title claim (as defined in section 24FE); and
(b) in the case of any native title determination application--as there can be only one determination of native title for an area, if a person does not become a party in relation to the application, there may be no other opportunity for the Federal Court, in making its determination, to take into account the person's native title rights and interests in relation to the area concerned; and
(c) in any case--a person who wants to be a party in relation to the application must notify the Federal Court, in writing, within the period of 3 months starting on the notification day (as defined in subsection (8)), or, after that period, get the leave of the Federal Court under subsection 84(5) to become a party.