Part 3 Applications
Division 1 Applications to the Federal Court: native title and compensation
Section 61
Division 1—Applications to the Federal Court: native title
and compensation
61 Native title and compensation applications
Applications that may be made
(1) The following table sets out applications that may be made under
this Division to the Federal Court and the persons who may make
each of those applications:
Applications
Kind of
application
Application
Persons who may make application
Native title
determination
application
Application, as
mentioned in
subsection 13(1),
for a
determination of
native title in
relation to an area
for which there is
no approved
determination of
native title.
(1) A person or persons authorised by all the
persons (the native title claim group) who,
according to their traditional laws and
customs, hold the common or group rights
and interests comprising the particular
native title claimed, provided the person or
persons are also included in the native title
claim group; or
Note 1: The person or persons will be the
applicant: see subsection (2) of this
section.
Note 2: Section 251B states what it means for a
person or persons to be authorised by all
the persons in the native title claim group.
(2) A person who holds a non-native title
interest in relation to the whole of the area
in relation to which the determination is
sought; or
(3) The Commonwealth Minister; or
(4) The State Minister or the Territory
Minister, if the determination is sought in
relation to an area within the jurisdictional
212
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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