Applications Part 3
Applications to the Federal Court: native title and compensation Division 1
Section 64
Note:
The Federal Court Rules provide for the amendment of applications.
Exceptions to subsection (1)
(2) However, if:
(a) the application is a claimant application (see section 253);
and
(b) the amendment combines the application with another
claimant application or claimant applications;
subsection (1) does not prevent the inclusion of any area of land or
waters covered by the other application or applications.
(2A) In addition, subsection (1) does not prevent an amendment that
results in the inclusion of any area of land or waters that was not
covered by the original application, if the operation of section 47C
has been agreed to in writing in accordance with
paragraph 47C(1)(b) in relation to the area after the making of the
original application.
Application may be amended despite current action by Registrar or
Federal Court
(3) In the case of a claimant application, the fact that:
(a) the Registrar is, under section 190A, considering the claim
made in the application; or
(b) the NNTT is, under section 190E, reconsidering the claim
made in the application; or
(c) the Federal Court is, on the application of the applicant under
subsection 190F(1), reviewing the decision of the Registrar
in relation to the claim;
does not prevent amendment of the application.
Federal Court Chief Executive Officer to give copy of amended
application to Native Title Registrar
(4) If an application is amended, the Federal Court Chief Executive
Officer must, as soon as practicable, give a copy of the amended
application to the Native Title Registrar.
Compilation No. 47
Native Title Act 1993
225
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents