sec.35Aboriginal party for an area

### sec.35 Aboriginal party for an area A native title party for an area is an Aboriginal party for the area. Subsection (3) applies to a native title party for an area who— is or was a registered native title claimant; or is the native title claim group who authorised a person who is no longer alive, but who was a registered native title claimant, to make a native title determination application. The native title party is an Aboriginal party for the whole area included within the outer boundaries of the area in relation to which the application was made under the Commonwealth Native Title Act for a determination of native title, regardless of the nature and extent of the claimant’s claims in relation to any particular part of the whole area. Subsection (5) applies to a native title party for an area who is or was a registered native title holder the subject of a determination of native title under the Commonwealth Native Title Act . The native title party is an Aboriginal party for the whole area included within the outer boundaries of the area in relation to which the application for the determination was made, regardless of the extent to which native title was found to exist in relation to any particular part of the whole area. However, a native title party to whom subsection (5) applies is not an Aboriginal party for a part of the area if— native title was not found to exist in relation to the part; and there is a registered native title claimant for the part. If there is no native title party for an area, a person is an Aboriginal party for the area if— the person is an Aboriginal person with particular knowledge about traditions, observances, customs or beliefs associated with the area; and the person— has responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area. (sec.35-ssec.1) A native title party for an area is an Aboriginal party for the area. (sec.35-ssec.2) Subsection (3) applies to a native title party for an area who— is or was a registered native title claimant; or is the native title claim group who authorised a person who is no longer alive, but who was a registered native title claimant, to make a native title determination application. (sec.35-ssec.3) The native title party is an Aboriginal party for the whole area included within the outer boundaries of the area in relation to which the application was made under the Commonwealth Native Title Act for a determination of native title, regardless of the nature and extent of the claimant’s claims in relation to any particular part of the whole area. (sec.35-ssec.4) Subsection (5) applies to a native title party for an area who is or was a registered native title holder the subject of a determination of native title under the Commonwealth Native Title Act . (sec.35-ssec.5) The native title party is an Aboriginal party for the whole area included within the outer boundaries of the area in relation to which the application for the determination was made, regardless of the extent to which native title was found to exist in relation to any particular part of the whole area. (sec.35-ssec.6) However, a native title party to whom subsection (5) applies is not an Aboriginal party for a part of the area if— native title was not found to exist in relation to the part; and there is a registered native title claimant for the part. (sec.35-ssec.7) If there is no native title party for an area, a person is an Aboriginal party for the area if— the person is an Aboriginal person with particular knowledge about traditions, observances, customs or beliefs associated with the area; and the person— has responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area. - (a) is or was a registered native title claimant; or - (b) is the native title claim group who authorised a person who is no longer alive, but who was a registered native title claimant, to make a native title determination application. - (a) native title was not found to exist in relation to the part; and - (b) there is a registered native title claimant for the part. - (a) the person is an Aboriginal person with particular knowledge about traditions, observances, customs or beliefs associated with the area; and - (b) the person— (i) has responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or (ii) is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area. - (i) has responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or - (ii) is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area. - (i) has responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or - (ii) is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area.