Part 2 Native Title
Division 1 Recognition and protection of native title
Section 13
then:
(c) in the case of a variation—the determination as varied
becomes an approved determination of native title in place
of the original; and
(d) in the case of a revocation—the determination is no longer an
approved determination of native title.
Grounds for variation or revocation
(5) For the purposes of subsection (4), the grounds for variation or
revocation of an approved determination of native title are:
(a) that events have taken place since the determination was
made that have caused the determination no longer to be
correct; or
(b) that the interests of justice require the variation or revocation
of the determination; or
(c) that the determination relates to an area in relation to which
the agreement required by paragraph 47C(1)(b) has been
given.
Note:
Section 47C provides for extinguishment of native title rights and
interests in relation to certain areas such as national parks etc. to be
disregarded.
Review or appeal
(6) If:
(a) a determination of the Federal Court; or
(b) an order, judgment or other decision of a recognised
State/Territory body;
is subject to any review or appeal, this section refers to the
determination, order, judgment or decision as affected by the
review or appeal, when finally determined.
High Court determinations
(7) A determination of native title by the High Court is an approved
determination of native title.
8
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021