Applications Part 3
Applications to the Federal Court: native title and compensation Division 1
Section 62
Note:
Section 251B states what it means for the applicant to be authorised
by all the persons in the compensation claim group.
Compensation applications—registered native title body corporate
(5) In the case of a compensation application by a registered native
title body corporate, the application:
(a) must be accompanied by an affidavit sworn by the applicant
stating the matters mentioned in subsection (6); 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.
(6) For the purposes of paragraph (5)(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) either:
(i) that the applicant holds, or is an agent prescribed body
corporate in relation to, the native title rights and
interests; or
(ii) that the area is within the external boundary of the area
of land or waters covered by an approved determination
of native title under which the registered native title
body corporate holds, or is an agent prescribed body
corporate in relation to, native title rights and interests.
Revised native title determination applications
(7) A revised native title determination application that covers an area
in relation to which 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) must be
Compilation No. 47
Native Title Act 1993
221
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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