Applications Part 3
Applications to the Federal Court: native title and compensation Division 1
Section 62
(b) the application states that section 47, 47A, 47B or 47C, as the
case may be, applies to it.
62 Information etc. in relation to certain applications
Claimant 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
(c) may contain details of:
(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
Compilation No. 47
Native Title Act 1993
217
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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