Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 190C

  (1)   This section contains the conditions mentioned in subparagraph   190A(6)(b)(ii).

Information etc. required by sections   61 and 62

  (2)   The Registrar must be satisfied that the application contains all details and other information, and is accompanied by any affidavit or other document, required by sections   61 and 62.

No previous overlapping claim groups

  (3)   The Registrar must be satisfied that no person included in the native title claim group for the application (the current application ) was a member of the native title claim group for any previous application, if:

  (a)   the previous application covered the whole or part of the area covered by the current application; and

  (b)   an entry relating to the claim in the previous application was on the Register of Native Title Claims when the current application was made; and

  (c)   the entry was made, or not removed, as a result of consideration of the previous application under section   190A.

Identity of claimed native title holders

  (4)   The Registrar must be satisfied that either of the following is the case:

  (a)   the application has been certified under Part   11 by each representative Aboriginal/Torres Strait Islander body that could certify the application in performing its functions under that Part; or

Note:   An application can be certified under section   203BE, or may have been certified under the former paragraph   202(4)(d). A representative Aboriginal/Torres Strait Islander body may certify the application, even if it is only the representative body for part of the area claimed.

  (b)   the requirements mentioned in subsection   (4AA) are met.

  (4AA)   For the purposes of paragraph   (4)(b), the requirements are:

  (a)   the applicant is a member of the native title claim group and is authorised to make the application, and deal with matters arising in relation to it, by all the other persons in the native title claim group; and

  (b)   either:

  (i)   there are no conditions under section   251BA on the authority that relate to the making of the application; or

  (ii)   any conditions under section   251BA on the authority that relate to the making of the application have been satisfied.

Note:   The word authorise is defined in section   251B.

Certification not affected if Aboriginal/Torres Strait Islander body subsequently ceases to be recognised

  (4A)   To avoid doubt, the certification of an application under Part   11 by a representative Aboriginal/Torres Strait Islander body is not affected merely because, after certification, the recognition of the body as the representative Aboriginal/Torres Strait Islander body for the area concerned is withdrawn or otherwise ceases to have effect.

Requirements for uncertified applications

  (5)   If the application has not been certified as mentioned in paragraph   (4)(a), the Registrar cannot be satisfied that the condition in subsection   (4) has been satisfied unless the application:

  (a)   includes statements to the effect that the requirements mentioned in subsection   (4AA) have been met; and

  (b)   briefly sets out the grounds on which the Registrar should consider that they have been met (other than in relation to subparagraph   (4AA)(b)(i)).