Commonwealth Consolidated Acts Commonwealth Consolidated ActsNative Title Registrar to notify parties etc.
(1) If:
(a) the Native Title Registrar is given a copy of an amended application under section 64; and
(b) the amendment concerned results in a change to the area of land or waters covered by the original application; and
(c) subsection (2) does not apply;
the Registrar must:
(d) give notice of the amended application to each person who, when the Registrar receives the copy, is a party to a proceeding under Part 4 in relation to the application; and
(e) if, when the Registrar receives the copy, the period specified in the notice in accordance with paragraph 66(10)(c) has not ended:
(i) give notice of the amended application to all persons to whom the Registrar gave notice of the application in accordance with paragraph 66(3)(a); and
(ii) notify the public in the determined way of the amended application; and
(f) if the inclusion of any area of land or waters that was not covered by the original application occurs as mentioned in subsection 64(2A)--give notice to each other person to whom the Registrar would be obliged to give notice under subsections 66(3) and (5) if the application as amended were a new application, but to whom notice is not already required to be given under paragraph (d) or (e).
Amending claims to re - include area
(1A) If:
(a) the Registrar is given a copy of an amended application under section 64; and
(b) the amendment concerned is to re - include in the area covered by the application an area of land or waters that was covered by the original application;
the Registrar must:
(c) give notice of the amended application to each person who, when the Registrar receives the copy, is a party to a proceeding under Part 4 in relation to the application; and
(d) if, when the Registrar receives the copy, the period specified in the notice in accordance with paragraph 66(10)(c) has not ended:
(i) give notice of the amended application to all persons to whom the Registrar gave notice of the application in accordance with paragraph 66(3)(a); and
(ii) notify the public in the determined way of the amended application; and
(e) give notice of the amended application to each person whom the Registrar would, under subsections 66(3) and 66(5), be obliged to give notice if the application as amended were a new application, but to whom notice is not already required to be given under paragraph (c) or (d).
Notification day
(1B) A notice under paragraph (1)(f) or (1A)(e) must specify a day as the notification day for the amendment.
(1C) Each such notice in relation to the amendment must:
(a) specify the same day; and
(b) state that a person who wants to be a party in relation to the amended application must notify the Federal Court, in writing, within the period of 3 months starting on the notification day, or, after that period, get the leave of the Federal Court under subsection 84(5) to become a party.
Combined applications
(2) If an amended application of which the Registrar is given a copy under section 64 results from combining the application with one or more other applications, the Native Title Registrar must:
(a) give notice of the combining of the applications to each person who, immediately before the combining of the applications, was a party to a proceeding under Part 4 in relation to any of the applications; and
(b) if, when the Registrar receives the copy, the period specified in the notice in accordance with paragraph 66(10)(c) has not ended:
(i) give notice of the combining of the applications to all persons to whom the Registrar gave notice of the applications in accordance with paragraph 66(3)(a); and
(ii) notify the public in the determined way of the combining of the applications.
Federal Court order as to notice
(3) 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 subsection (1) or (2); or
(b) how such notice must be given.
Federal Court may direct Native Title Registrar to give notice
(4) The Federal Court may, if it considers it necessary, direct the Native Title Registrar to give such additional notice of the amended application as the Court considers appropriate.
Parties to original applications become parties to combined application
(5) If an amended application of which the Registrar is given a copy under section 64 results from combining the application with one or more other applications, each person who, immediately before the combining of the applications, was a party to a proceeding under Part 4 in relation to any of the applications becomes a party to a proceeding under Part 4 in relation to the combined application.