NATIVE TITLE ACT 1993 - SECT 62 Information etc. in relation to certain applications

Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993 - SECT 62

Information etc. in relation to certain applications

(1) A claimant application (see section 253):

(a) must be accompanied by an affidavit sworn by the applicant stating the matters mentioned in subsection (1A); and

(b) must contain the details specified in subsection (2); and

(i) if any member of the native title claim group currently has, or previously had, any traditional physical connection with any of the land or waters covered by the application--that traditional physical connection; or

(ii) if any member of the native title claim group has been prevented from gaining access to any of the land or waters covered by the application--the circumstances in which the access was prevented; and

(d) if the operation of section 47C (national parks etc. covered by native title applications) has been agreed to in writing in accordance with paragraph 47C(1)(b) in relation to the whole or any part of the area covered by the application--must be accompanied by a copy of the agreement, and if there is an agreement under subsection 47C(5), that agreement.

Note: The applicant will be the registered native title claimant in relation to the area claimed if and for so long as the claim is entered on the Register of Native Title Claims.

(1A) For the purposes of paragraph (1)(a), the matters are:

(a) that the applicant believes that the native title rights and interests claimed by the native title claim group have not been extinguished in relation to any part of the area covered by the application; and

(b) that the applicant believes that none of the area covered by the application is also covered by an approved determination of native title; and

(d) that the applicant is authorised by all the persons in the native title claim group to make the application and to deal with matters arising in relation to it; and

(e) the details of the process of decision - making complied with in authorising the applicant to make the application and to deal with matters arising in relation to it; and

(f) if there are no conditions under section 251BA on the authority that relate to the making of the application--that there are no such conditions; and

(g) if there are any conditions under section 251BA on the authority that relate to the making of the application:

(i) that the conditions have been satisfied; and

(ii) how the conditions have been satisfied.

Note: Section 251B states what it means for the applicant to be authorised by all the persons in the native title claim group.

Details required by paragraph (1)(b)

(2) For the purposes of paragraph (1)(b), the details required are as follows:

(a) information, whether by physical description or otherwise, that enables the boundaries of:

(i) the area covered by the application; and

(ii) any areas within those boundaries that are not covered by the application;

to be identified;

(b) a map showing the boundaries of the area mentioned in subparagraph (a)(i);

(c) details and results of all searches carried out by or on behalf of the native title claim group to determine the existence of any non - native title rights and interests in relation to the land or waters in the area covered by the application;

(d) a description of the native title rights and interests claimed in relation to particular land or waters (including any activities in exercise of those rights and interests), but not merely consisting of a statement to the effect that the native title rights and interests are all native title rights and interests that may exist, or that have not been extinguished, at law;

(e) a general description of the factual basis on which it is asserted that the native title rights and interests claimed exist and in particular that:

(i) the native title claim group have, and the predecessors of those persons had, an association with the area; and

(ii) there exist traditional laws and customs that give rise to the claimed native title; and

(iii) the native title claim group have continued to hold the native title in accordance with those traditional laws and customs;

(f) if the native title claim group currently carry on any activities in relation to the land or waters--details of those activities;

(g) details of any other applications to the High Court, Federal Court or a recognised State/Territory body, of which the applicant is aware, that have been made in relation to the whole or a part of the area covered by the application and that seek a determination of native title or a determination of compensation in relation to native title;

(ga) details of any notifications under paragraph 24MD(6B)(c), of which the applicant is aware, that have been given and that relate to the whole or a part of the area;

(h) details of any notices under section 29 (or under a corresponding provision of a law of a State or Territory), of which the applicant is aware, that have been given and that relate to the whole or a part of the area;

(i) if there are any conditions under section 251BA on the authority of the applicant to make the application and to deal with matters arising in relation to it--details of the conditions.

Note: Notices under paragraph 24MD(6B)(c) and section 29 are relevant to subsection 190A(2).

Compensation applications--compensation claim group

(3) In the case of a compensation application whose making was authorised by a compensation claim group, the application:

(a) must be accompanied by an affidavit sworn by the applicant stating the matters mentioned in subsection (4); and

(b) must contain the details that would be required to be specified by paragraph (1)(b), and may contain the details that would be permitted under paragraph (1)(c), if the compensation application were instead a native title determination application in respect of the native title involved in the compensation application.

(4) For the purposes of paragraph (3)(a), the matters are:

(a) that the applicant believes that native title rights and interests exist or have existed in relation to the area; and

(b) that the applicant believes that all of the statements made in the application are true; and

(c) that the applicant is authorised by all the persons in the compensation claim group to make the application and to deal with matters arising in relation to it; and

(d) the details of the process of decision - making complied with in authorising the applicant to make the application and to deal with matters arising in relation to it; and

(e) if there are no conditions under section 251BA on the authority that relate to the making of the application--that there are no such conditions; and

(f) if there are any conditions under section 251BA on the authority that relate to the making of the application:

(i) that the conditions have been satisfied; and

(ii) how the conditions have been satisfied.

Note: Section 251B states what it means for the applicant to be authorised by all the persons in the compensation claim group.

Compensation applications--registered native title body corporate

(5) In the case of a compensation application by a registered native title body corporate, the application:

(a) must be accompanied by an affidavit sworn by the applicant stating the matters mentioned in subsection (6); and

(6) For the purposes of paragraph (5)(a), the matters are:

(a) that the applicant believes that native title rights and interests exist or have existed in relation to the area; and

(b) that the applicant believes that all of the statements made in the application are true; and

(i) that the applicant holds, or is an agent prescribed body corporate in relation to, the native title rights and interests; or

(ii) that the area is within the external boundary of the area of land or waters covered by an approved determination of native title under which the registered native title body corporate holds, or is an agent prescribed body corporate in relation to, native title rights and interests.

Revised native title determination applications

(7) A revised native title determination application that covers an area in relation to which the operation of section 47C (national parks etc. covered by native title applications) has been agreed to in writing in accordance with paragraph 47C(1)(b) must be accompanied by a copy of the agreement and, if there is an agreement under subsection 47C(5), that agreement.

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