151Determination of application for registration

151 Determination of application for registration

S. 151(1) amended by No. 11/2016 s. 92(1).

(1) The Council must determine an application for registration as a registered Aboriginal party within 270 days after receiving the application.

S. 151(1A) inserted by No. 11/2016 s. 92(2).

(1A) The Council may determine the application for a part of the area in respect of which the application is made before determining the application for the whole of the area.

S. 151(2) substituted by No. 11/2016 s. 92(3).

(2) If an applicant for registration is a registered native title holder for an area in respect of which there is a native title agreement, and the area in respect of which the application is made is within the external perimeter of the area described in the agreement—

(a) the Council must register the applicant as the registered Aboriginal party for the area in respect of which the application is made; and

(b) no other applicant can be registered for the area in respect of which the application is made, except another registered native title holder.

S. 151(2A) inserted by No. 62/2010 s. 93, substituted by No. 11/2016 s. 92(4).

(2A) If an applicant for registration is a traditional owner group entity for an area in respect of which the entity has entered into a recognition and settlement agreement, and the area in respect of which the application is made is within the external perimeter of the area described in the agreement—

(a) the Council must register the applicant as the registered Aboriginal party for the area in respect of which the application is made; and

(b) no other applicant can be registered for the area in respect of which the application is made, except a registered native title holder.

(3) Subject to subsection (2), in determining an application, the Council must take the following into account—

(a) whether the applicant is a native title party for the area to which the application relates;

(b) the terms of any native title agreement that the parties to that agreement agree to make available to the Council;

S. 151(3)(c) amended by No. 11/2016 s. 92(5).

(c) whether the applicant is a body representing the traditional owners of the area to which the application relates;

(d) whether the applicant is a body representing Aboriginal people that has—

(i) a historical or contemporary interest in the Aboriginal cultural heritage relating to the area to which the application relates; and

(ii) demonstrated expertise in managing and protecting Aboriginal cultural heritage in that area;