Native Title Legislation Amendment Act 2021 (6 of 2021)

Schedule 1   Role of the applicant

Part 1   Authorisation

Native Title Act 1993

6   After subsection 62(1)

Insert:

(1A) For the purposes of paragraph (1)(a), the matters are:

(a) that the applicant believes that the native title rights and interests claimed by the native title claim group have not been extinguished in relation to any part of the area covered by the application; and

(b) that the applicant believes that none of the area covered by the application is also covered by an approved determination of native title; and

(c) that the applicant believes that all of the statements made in the application are true; and

(d) that the applicant is authorised by all the persons in the native title claim group to make the application and to deal with matters arising in relation to it; and

(e) the details of the process of decision-making complied with in authorising the applicant to make the application and to deal with matters arising in relation to it; and

(f) if there are no conditions under section 251BA on the authority that relate to the making of the application - that there are no such conditions; and

(g) if there are any conditions under section 251BA on the authority that relate to the making of the application:

(i) that the conditions have been satisfied; and

(ii) how the conditions have been satisfied.

Note: Section 251B states what it means for the applicant to be authorised by all the persons in the native title claim group.