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ABORIGINAL HERITAGE ACT 2006 - SECT 6

Who is a native title party for an area?

    (1)     For the purposes of this Act, a body is a native title party for an area if it is any of the following—

        (a)     a registered native title claimant for the area;

        (b)     a person who was a registered native title claimant for the area, but only if—

              (i)     the person's claim has failed, but there is no other registered native title claimant for the area, and there is not, and never has been, a native title holder for the area; or

              (ii)     the person has surrendered the person's native title in respect of the area under a native title agreement; or

              (iii)     the person's native title has been compulsorily acquired or has otherwise been extinguished;

        (c)     a registered native title holder for the area;

        (d)     a person who was a registered native title holder for the area, but only if—

              (i)     the person has surrendered the person's native title in respect of the area under a native title agreement; or

              (ii)     the person's native title has been compulsorily acquired or has otherwise been extinguished.

    (2)     A registered native title claimant or a person referred to in subsection (1)(b) is a native title party for the whole area included within the outer boundaries of the area in relation to which the application was made under the Native Title Act for a determination of native title, regardless of the nature and extent of the claimant's claims in relation to any particular part of the whole area.

    (3)     A registered native title holder or a person referred to in subsection (1)(d) is a native title party for the whole area included within the outer boundaries of the area in relation to which the application was made under the Native Title Act for a determination of native title, regardless of the extent to which native title was found to exist in relation to any particular part of the whole area.

S. 7 substituted by No. 11/2016 s. 7.



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