Part 3 Applications
Division 1 Applications to the Federal Court: native title and compensation
Section 63
63 Reference of applications to Native Title Registrar
If an application under section 61 is filed in the Federal Court, the
Federal Court Chief Executive Officer must, as soon as practicable,
give the Native Title Registrar a copy of:
(a) the application; and
(b) any affidavit that accompanies the application under
paragraph 62(1)(a), (3)(a) or (5)(a); and
(ba) any copy of an agreement that accompanies the application
under paragraph 62(1)(d) or subsection 62(7); and
(c) any prescribed documents that accompany the application
under paragraph 61(5)(d).
64 Amendment of applications
Application may be amended to reduce land or waters covered
(1A) An application may at any time be amended to reduce the area of
land or waters covered by the application. (This subsection does
not, by implication, limit the amendment of applications in any
other way.)
Note:
If such an amendment is made, the Court may make an appropriate
costs order under section 85A.
Amendments taken to have been made in certain cases
(1B) An application is taken to have been amended to reduce the area of
land or waters covered by the application if an order is made under
section 87A by the Federal Court. The area of land or waters is
reduced by the area in relation to which the order is made.
(1C) Subsection (1B) does not, by implication, limit the amendment of
applications in any other way.
Amendment not to result in inclusion of additional areas
(1) An amendment of an application must not result in the inclusion of
any area of land or waters that was not covered by the original
application.
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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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