Schedule Forms
(regulations 4 and 6)
Form 1 Native title determination application — claimant
application
(paragraph
5 (1) (a))
Native Title Act 1993
The application of [name of
applicant(s)]
Note 1 This
form is to be used for an application mentioned in subsection 61 (1)
of the Act for a determination of native title in relation to an area for which
there is no approved determination of native title.
Note 2 Section 62
of the Act requires this application to be accompanied by an affidavit sworn by
the applicant:
(a) that the
applicant believes that the native title rights and interests claimed by the
native title 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) setting
out 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.
A. Details of the claim
1. The applicant applies for a determination
of native title under subsection 61 (1) of the Native Title Act 1993.
2. The applicant is entitled to make this
application as [capacity in which the applicant claims to be entitled to
make the application, eg a person authorised by the native title claim
group to make the native title determination application: see Act, s
61 (1)].
3. The schedules to this application contain
the following information:
Schedule
A [see Act, s 61]
The names (including Aboriginal names)
of the persons (the native title claim group) on whose behalf the
application is made or a sufficiently clear description of the persons so that
it can be ascertained whether any particular person is 1 of those persons.
Schedule
B [see Act, s 62]
Information identifying the boundaries
of:
(a) the area covered by the application; and
(b) any areas within those boundaries that are
not covered by the application.
Note This information must be included as
well as the map mentioned in Schedule C.
Schedule
C [see Act, s 62]
A map showing the boundaries of the area
covered by the application.
Schedule
D [see Act, s 62]
Details and results of all searches
carried out by or on behalf of the native title claim group to determine the
existence of any non‑native title rights and interests in relation to the
land or waters in the area covered by the application.
Schedule
E [see Act, s 62]
A description of the native title rights
and interests claimed in relation to particular land or waters (including any
activities in exercise of those rights and interests). The description must not
consist only of a statement to the effect that the native title rights and
interests are all native title rights and interests that may exist, or that
have not been extinguished, at law.
Schedule
F [see Act, s 62]
A general description of the native
title rights and interests claimed and, in particular, the factual basis on
which it is asserted that:
(a) the native title claim group has, and the
predecessors of those persons had, an association with the area; and
(b) there exist traditional laws and customs that
give rise to the claimed native title; and
(c) the native title claim group has continued
to hold the native title in accordance with those traditional laws and customs.
Schedule
G [see Act, s 62]
Details of any activities in relation to
the land or waters currently carried on by the native title claim group.
Schedule
H [see Act, s 62]
Details of any other applications to the
High Court, Federal Court or a recognised State/Territory body, of which the
applicant is aware, that have been made in relation to the whole or a part of
the area covered by the application and that seek a determination of native
title or a determination of compensation in relation to native title.
Schedule HA [see Act, s 62]
Details of any
notifications under paragraph 24MD (6B) (c) of the Act, of which the
applicant is aware, that have been given and that relate to the whole or part
of the area.
Schedule
I [see Act, s 62]
Details of any notices under section 29
of the Act (or under a corresponding provision of a law of a State or
Territory), of which the applicant is aware, that have been given and that
relate to the whole or a part of the area.
Schedule
J
A draft of the order to be sought if the
application is unopposed.
Schedule
K
The name of each representative
Aboriginal/Torres Strait Islander body for the area covered by the application.
Schedule
L [see Act, ss 47, 47A, 47B and 61A]
For the area covered by the application,
details of:
(a) any area for which a pastoral lease is held
by or on behalf of the members of the native title claim group; and
(b) any area leased, held or reserved for the
benefit of Aboriginal peoples or Torres Strait Islanders that is occupied by or
on behalf of the members of the native title claim group; and
(c) any vacant crown land occupied by the
members of the native title claim group; and
(d) any area mentioned in paragraph (a), (b) or
(c) over which the extinguishment of native title is required by section 47,
47A or 47B of the Act to be disregarded.
[The following items are not required, but will be relevant
when the Native Title Registrar considers the claim for registration under
section 190A of the Act.]
Schedule
M [see Act, s 62]
Details of any traditional physical
connection with any of the land or waters covered by the application by any
member of the native title claim group.
Schedule
N [see Act, s 62]
Details of the circumstances in which
any member of the native title claim group has been prevented from gaining
access to any of the land or waters covered by the application.
Schedule
O [see Act, s 190C]
Details of the membership of the
applicant or any member of the native title claim group in a native title claim
group for any other application that has been made in relation to the whole or
part of the area covered by this application.
Schedule
P [see Act, s 190B]
Details of any claim by the native title
claim group of exclusive possession of all or part of an offshore place.
Schedule
Q [see Act, s 190B]
Details of any claim by the native title
claim group of ownership of minerals, petroleum or gas wholly owned by the
Crown.
Schedule
R [see Act, s 190C]
(1) If
the application has been certified by each representative Aboriginal/Torres
Strait Islander body, a copy of the certificate.
(2) If
the application has not been certified by each representative Aboriginal/Torres
Strait Islander body:
(a) a
statement that the applicant is a member of the native title claim group and is
authorised to make the application, and deal with matters arising in relation
to it, by all the other persons in the native title claim group; and
(b) the
grounds on which the Registrar should consider that the statement is correct.
Note For the meaning of authorise,
see the Act, s 251B.
Schedule
S [see Act, s 64]
If the application is an amended
application, details of the difference between this application and the
original application.
Schedule
T
Any other relevant information that the
applicant wants to provide.
Date:
[Signed
by applicant or applicant’s solicitor]
B. Filing and service
This
application is filed by [name], whose address for service is [insert
address].
This
application is filed for [name]. [Delete if applicant
is unrepresented.]
The
applicant’s address is [place of residence or business].
Form 2 Native title determination application — non‑claimant
application
(paragraph
5 (1) (b))
Native Title Act 1993
The application of [name of applicant]
Note This form is
to be used for an application mentioned in subsection 61 (1) of the Native
Title Act 1993 for a determination of native title in relation to an area
for which there is no approved determination of native title.
A. Details of the claim
1. The applicant applies for a determination
of native title under subsection 61 (1) of the Native Title Act 1993.
2. The schedules to this application contain
the following information:
Schedule
A
Information identifying the boundaries
of:
(a) the area covered by the application; and
(b) any areas within those boundaries that are
not covered by the application.
Note This information must be included as
well as the map mentioned in Schedule B.
Schedule
B
A map showing the boundaries of the area
covered by the application.
Schedule
C
Details and results of all searches
carried out to determine the existence of any non‑native title rights and
interests in relation to the land or waters in the area covered by the
application.
Schedule
D
Details of any interest held by the
applicant in the area covered by the application and any document (including a
document of title) or other material that is evidence of that interest.
Schedule
E
A draft of the order to be sought if the
application is unopposed.
Schedule
F
Any other relevant information that the
applicant wants to provide.
Date:
[Signed by applicant or
applicant’s solicitor]
B. Filing and service
This
application is filed by [name], whose address for service is [insert
address].
This
application is filed for [name]. [Delete if applicant
is unrepresented.]
The
applicant’s address is [if the applicant is an individual, place of residence
or business; if the applicant is a corporation, principal place of business].
Form 3 Revised native title determination application
(paragraph
5 (1) (c))
Native Title Act 1993
The application of [name of applicant]
Note This form is
to be used for an application, as mentioned in subsection 61 (1) of
the Native Title Act 1993, for revocation or variation of an approved
determination of native title, on the grounds set out in subsection 13 (5)
of the Act.
1. The applicant applies for the revocation
[or variation] of an approved determination of native title.
2. The applicant is entitled to make this
application as [capacity in which the applicant claims to be entitled to
make the application, eg the registered native title body corporate:
see Act, s 61 (1)].
3. The schedules to this application contain
the following information:
Schedule
A
Information identifying the boundaries
of:
(a) the area covered by the application; and
(b) any areas within those boundaries that are
not covered by the application.
Note This information must be included as
well as the map mentioned in Schedule B.
Schedule
B
A map showing the boundaries of the area
covered by the application.
Schedule
C
Details and results of all searches
carried out to determine the existence of any non‑native title rights and
interests in relation to the land or waters in the area covered by the
application.
Schedule
D
The name of each representative
Aboriginal/Torres Strait Islander body for the area covered by the application.
Schedule
E
A copy of the approved native title
determination.
Schedule
F [see Act, s 13]
Details of events (if any) that have
taken place since the approved determination of native title was made which
make that determination no longer correct.
Schedule
G [see Act, s 13]
Details of the grounds (if any) for
varying or revoking the determination in the interests of justice.
Schedule
H
For an application for variation of an
approved determination of native title, a draft of the order sought.
Schedule
I
Any other relevant information that the
applicant wants to provide.
Date:
[Signed by applicant or
applicant’s solicitor]
B. Filing and service
This
application is filed by [name], whose address for service is [insert
address].
This
application is filed for [name]. [Delete if applicant
is unrepresented.]
The
applicant’s address is [if the applicant is an individual, place of
residence or business; if the applicant is a corporation, principal place of
business].
Form 4 Compensation application
(paragraph 5 (1) (d))
Native Title Act 1993
The application of [name of
applicant(s)]
Note 1 This form
is to be used for an application, as mentioned in subsection 61 (1) of the
Native Title Act 1993, for a determination of compensation.
Note 2 Section 62
of the Act requires this application to be accompanied by an affidavit sworn by
the applicant:
(a) that the
applicant believes that native title rights and interests exist or have existed
in relation to the area covered by the application; and
(b) that the
applicant believes that all of the statements made in the application are true;
and
(c) that the
applicant is authorised by all the persons in the compensation claim group to
make the application and to deal with matters arising in relation to it; and
(d) setting
out 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.
A. Details of the claim
1. The applicant applies for a determination
of compensation under subsection 61 (1) of the Native Title Act 1993.
2. The applicant is entitled to make this
application as [capacity in which the applicant claims to be entitled to
make the application, eg a person authorised by the compensation claim
group to make the native title determination application: see Act, s
61 (1)].
3. The schedules to this application contain
the following information:
Schedule A [see Act, s 61]
Either:
(a) the names (including Aboriginal names) of
the persons (the compensation claim group) on whose behalf the
application is made or a sufficiently clear description of the persons so that
it can be ascertained whether any particular person is 1 of those persons; or
(b) the name of the registered native title body
corporate.
Schedule
B [see Act, s 62]
Information identifying the boundaries
of:
(a) the area covered by the application; and
(b) any areas within those boundaries that are
not covered by the application.
Note This information must be included as
well as the map mentioned in Schedule C.
Schedule
C [see Act, s 62]
A map showing the boundaries of the area
covered by the application.
Schedule
D [see Act, s 62]
Details and results of all searches
carried out by or on behalf of the native title claim group to determine the
existence of any non‑native title rights and interests in relation to the
land or waters in the area covered by the application.
Schedule
E [see Act, s 62]
A description of the native title rights
and interests in relation to particular land or waters (including any activities
in exercise of those rights and interests) for which compensation is claimed.
The description must not merely consist of a statement to the effect that the
native title rights and interests are all native title rights and interests
that existed, or have not been extinguished, at law.
Schedule
F
The name of each representative
Aboriginal/Torres Strait Islander body for the area covered by the application.
Schedule
G [see Act, s 62]
A general description of the native
title rights and interests for which compensation is claimed and, in
particular, the factual basis on which it is asserted that:
(a) the compensation claim group, and the
predecessors of those persons, had an association with the area; and
(b) there existed traditional laws and customs
that give rise to the claimed native title; and
(c) the compensation claim group had continued
to hold the native title in accordance with those traditional laws and customs.
Schedule
H [see Act, s 62]
Details of activities in relation to the
land or waters that are or were carried on by the compensation claim group.
Schedule
I
Details of the act which it is claimed
extinguished or affected native title rights and interests for which
compensation is claimed, including:
(a) the government or other person that did the
act and whether the act has been validated; and
(b) if the act has been validated, how this was
done; and
(c) copies of:
(i) all searches of official title
registers (such as the title register of crown lands and the land title register
of the relevant State or Territory); and
(ii) all searches conducted with public
bodies and authorities;
that identify existing or expired non‑native
title rights and interests in relation to the land or waters covered by the
compensation application.
Schedule
J
Details of the basis for the
compensation application, such as the provision of the Act that deals with the
compensation entitlement.
Schedule
K [see Act, s 62]
Details of any other applications to the
High Court, Federal Court or a recognised State/Territory body, of which the
applicant is aware, that have been made in relation to the whole or a part of
the area covered by the application and that seek a determination of native
title or a determination of compensation in relation to native title.
Schedule KA [see Act, s 62]
Details of any
notifications under paragraph 24MD (6B) (c) of the Act, of which the
applicant is aware, that have been given and that relate to the whole or part
of the area.
Schedule
L [see Act, s 62]
Details of any notices under section 29
of the Act (or under a corresponding provision of a law of a State or
Territory), of which the applicant is aware, that have been given and that
relate to the whole or a part of the area.
Schedule
M
Details of any compensation received by
the applicant or to which the applicant may be entitled under any agreement or
award because of the act or a related act.
Schedule
N [see Act, s 79]
Whether the applicant is claiming non‑monetary
compensation, and if so, the nature of the non‑monetary compensation
claimed.
[The following items
are not required, but may be included.]
Schedule
O [see Act, s 62]
Details of any traditional physical
connection with any of the land or waters covered by the application by any
member of the compensation claim group.
Schedule
P [see Act, s 62]
Details of the circumstances in which
any member of the compensation claim group has been prevented from gaining
access to any of the land or waters covered by the application.
Schedule
Q
Any other relevant information that the
applicant wants to provide.
Date:
[Signed by applicant or
applicant’s solicitor]
B. Filing and service
This
application is filed by [name], whose address for service is [insert
address].
This
application is filed for [name]. [Delete if applicant
is unrepresented.]
The
applicant’s address is [if the applicant is an individual, place of
residence or business; if the applicant is a corporation, principal place of
business].
Form 5 Notice of intention to become a party to an application
(regulation 6)
Native Title Act 1993
To:
The Registrar
Federal Court of Australia
I [or We]:
Name of person(s) giving notice:
Address of person(s) giving notice:
Address for service of person(s) giving notice:
Give notice under paragraph
84 (3) (b) of the Act that I [or we] want to be a party in relation to
the application under section 61 of the Act made by [name of the applicant]
because:
[state in what way a
determination in relation to the application may affect the interests of the
person(s) giving notice].
Date:
Signature(s) of person(s) giving notice: