Part 3 Applications
Division 1 Applications to the Federal Court: native title and compensation
Section 62
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.
220
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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