Commonwealth Consolidated Acts

NATIVE TITLE AMENDMENT (TECHNICAL AMENDMENTS) ACT 2007 - SCHEDULE 5

1   Applications not considered or reconsidered under items   89 and 90 of Schedule   2 to the Native Title Amendment Act 2007

(1)   This item applies to a native title determination application amended before the day on which this item commences by a person or persons claiming to hold native title if:

  (a)   the application as amended is not one to which item   89 or 90 of Schedule   2 to the Native Title Amendment Act 2007 applies; and

  (b)   either:

  (i)   the Registrar has decided not to accept the claim made in the application, as amended, for registration before the day on which this item commences; and

  (ii)   the decision of the Registrar is one to which section   190D of the Native Title Act 1993 , as in force immediately before the commencement of Schedule   2 to the Native Title Amendment Act 2007 , applies;

    or:

  (iii)   the Registrar has not yet decided whether to accept the claim made in the application, as amended, for registration by the day on which this item commences; and

  (iv)   section   190D of the Native Title Act 1993 , as in force immediately before the commencement of Schedule   2 to the Native Title Amendment Act 2007 , will apply if the Registrar decides not to accept the claim; and

  (c)   the claim is not on the Register of Native Title Claims on the day on which this item commences.

(2)   The Registrar must:

  (a)   reconsider the claim under section   190A, as in force immediately before the commencement of this item or, if the claim has not already been considered under that section, consider the claim under that section; and

  (b)   use his or her best endeavours to finish doing so by the end of one year after the day on which this item commences.

If the Registrar does not do so by that time, the Registrar must reconsider or consider (as the case requires) the claim under that section as soon as reasonably practicable afterwards.

(3)   If, either before the Registrar begins to reconsider, or consider, the claim in accordance with subitem   ( 2), or while the Registrar is doing so, a notice is given in accordance with:

  (a)   paragraph 24MD(6B)(c), as in force immediately before the commencement of this item; or

  (b)   section   29, as in force at that time; or

  (c)   a provision of a law of a State or Territory that corresponds to section   29, as in force at that time, and is covered by a determination in force under section   43, as in force at that time; or

  (d)   a provision of a law of a State or Territory that corresponds to section   29, as in force at that time, and is covered by a determination in force under section   43A, as in force at that time;

in relation to an act affecting any of the land or waters in the area covered by the application, the Registrar must use his or her best endeavours to finish considering the claim under section   190A, as in force at that time, by the end of:

  (e)   in a paragraph   ( a) case--2 months after the notice is given; or

  (f)   in a paragraph   ( b) case--4 months after the notification day specified in the notice; or

  (g)   in a paragraph   ( c) case--the period, in the law of the State or Territory, that corresponds to the period of 4 months after the notification day specified in a notice under section   29, as in force at that time; or

  (h)   in a paragraph   ( d) case--the period at the end of which any person who is a registered native title claimant or registered native title body corporate has a right to be consulted about the act, to object to the act or to participate in negotiations about the act.

(4)   In reconsidering, or considering, a claim in accordance with subitem   ( 2) or (3), the Registrar must:

  (a)   in addition to having regard to information in accordance with subsection 190A(3), as in force immediately before the commencement of this item, also have regard to any information provided by the applicant after the application was made; and

  (b)   apply section   190A, as in force at that time, as if the conditions in sections   190B and 190C, as in force at that time, requiring that the application:

  (i)   contain or be accompanied by certain information or other things; or

  (ii)   be certified or have other things done in relation to it;

    also allowed the information or other things to be provided, or the certification or other things to be done, by the applicant or another person after the application is made; and

  (c)   for the purposes of paragraphs   ( a) and (b) of this subitem, advise the applicant that the Registrar is reconsidering, or considering, the claim, and allow the applicant a reasonable opportunity to provide any further information or other things, or to have any things done, in relation to the application.

(5)   If the claim does not satisfy all of the conditions in sections   190B and 190C, as in force immediately before the commencement of this item:

  (a)   the Registrar must give written notice as required by subsection 190D(1), as in force at that time; and

  (b)   the other provisions of section   190A to 190D, as in force at that time, apply as if the notice given under paragraph   ( a) were given under subsection 190D(1), as in force at that time; and

  (c)   after the Registrar has complied with subitems   ( 2) to (4) and this subitem   ( in so far as they are applicable), th e Registrar is taken to have complied with section   190A.

Notes to the Native Title Amendment (Technical Amendments) Act 2007

Note 1

The Native Title Amendment (Technical Amendments) Act 2007 as shown in this compilation comprises Act No.   125, 200 7 amended as indicated in the Tables below.

Table of Acts

(a)   Subsection 2(1) (item   18 ) of the Statute Law Revision Act 2010 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

( b )   Subsection 2(1) (item   5 ) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Miscellaneous Measures) Act 2010 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Table of Amendments