Part 3 Applications
Division 1 Applications to the Federal Court: native title and compensation
Section 61A
Claimant applications not to be made covering previous exclusive
possession act areas
(2) If:
(a) a previous exclusive possession act (see section 23B) was
done in relation to an area; and
(b) either:
(i) the act was an act attributable to the Commonwealth; or
(ii) the act was attributable to a State or Territory and a law
of the State or Territory has made provision as
mentioned in section 23E in relation to the act;
a claimant application must not be made that covers any of the
area.
Claimant applications not to claim certain rights and interests in
previous non-exclusive possession act areas
(3) If:
(a) a previous non-exclusive possession act (see section 23F)
was done in relation to an area; and
(b) either:
(i) the act was an act attributable to the Commonwealth; or
(ii) the act was attributable to a State or Territory and a law
of the State or Territory has made provision as
mentioned in section 23I in relation to the act;
a claimant application must not be made in which any of the native
title rights and interests claimed confer possession, occupation, use
and enjoyment of any of the area to the exclusion of all others.
Section not to apply in section 47, 47A, 47B or 47C cases
(4) However, subsection (2) or (3) does not apply to an application if:
(a) the only previous exclusive possession act or previous
non-exclusive possession act concerned was one whose
extinguishment of native title rights and interests would be
required by section 47, 47A, 47B or 47C to be disregarded
were the application to be made; and
216
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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