Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 84

Coverage of section

  (1)   This section applies to proceedings in relation to applications to which section   61 applies.

Applicant

  (2)   The applicant is a party to the proceedings.

Affected persons

  (3)   Another person is a party to the proceedings if:

  (a)   any of the following applies:

  (i)   the person is covered by any of subparagraphs   66(3)(a)(i) to (vi);

  (ii)   the person claims to hold native title in relation to land or waters in the area covered by the application;

  (iii)   the person's interest, in relation to land or waters, may be affected by a determination in the proceedings; and

  (b)   the person notifies the Federal Court, in writing, that the person wants to be a party to the proceeding:

  (i)   within the period specified in the notice under section   66; or

  (ii)   if notice of an amended application is given under paragraph   66A(1)(f) or (1A)(e)--within the period specified in the notice under that paragraph.

State or Territory Ministers

  (4)   If any of the area covered by the application is within the jurisdictional limits of a State or Territory, the State Minister or Territory Minister for the State or Territory is a party to the proceedings unless the Minister gives the Federal Court written notice, within the period specified in the notice under section   66, that the Minister does not want to be a party.

Joining parties

  (5)   The Federal Court may at any time join any person as a party to the proceedings, if the Court is satisfied that the person's interests may be affected by a determination in the proceedings and it is in the interests of justice to do so.

Persons wanting to exercise public right of access or use

  (5A)   If:

  (a)   a person wants to become a party to the proceedings; and

  (b)   the Federal Court is satisfied that the person's interests may be affected by a determination in the proceedings merely because the person has a public right of access over, or use of, any of the area covered by the application;

the Court:

  (c)   may make appropriate orders to ensure that the person's interests are properly represented in the proceedings; but

  (d)   need not allow more than one such person to become a party to the proceedings in relation to each area covered by such a public right of access or use.

Parties may withdraw before first hearing of proceeding

  (6)   In addition to any other rights to withdraw from the proceedings, any party to the proceedings, other than the applicant, may, at any time before the first hearing of the proceedings starts, cease to be a party by giving written notice to the Court.

  (6A)   In determining, for the purposes of subsection   (6), when the first hearing of the proceedings starts, disregard directions hearings.

Parties may withdraw with leave of Federal Court

  (7)   In addition to any other rights to withdraw from the proceedings, any party to the proceedings, other than the applicant, may, with the leave of the Federal Court, cease to be a party.

Dismissing parties

  (8)   The Federal Court may at any time order that a person, other than the applicant, cease to be a party to the proceedings.

Court to consider dismissing parties

  (9)   The Federal Court is to consider making an order under subsection   (8) in respect of a person who is a party to the proceedings if the Court is satisfied that:

  (a)   the following apply:

  (i)   the person's interests may be affected by a determination in the proceedings merely because the person has a public right of access over, or use of, any of the area covered by the application; and

  (ii)   the person's interests are properly represented in the proceedings by another party; or

  (b)   the person never had, or no longer has, interests that may be affected by a determination in the proceedings.