190EIf the claim cannot be registered—reconsideration by the NNTT

190E  If the claim cannot be registered—reconsideration by the NNTT

Application to reconsider a claim

 (1) If the Registrar gives the applicant a notice under subsection 190D(1), then, subject to subsections (3) and (4), the applicant may apply to the NNTT to reconsider the claim made in the application.

 (2) The application must:

 (a) be in writing; and

 (b) be made within 42 days after the notice under subsection 190D(1) is given; and

 (c) state the basis on which the reconsideration is sought.

 (3) The applicant may not make an application to the NNTT for reconsideration of the claim if the applicant has already made an application to the Federal Court under subsection 190F(1) for review of the decision.

 (4) The applicant may apply to the NNTT for reconsideration of the claim no more than once.

Constitution of NNTT for purposes of reconsidering the claim

 (5) For the purposes of reconsidering the claim, the NNTT must be constituted by a single member.

 (6) The member of the NNTT who reconsiders the claim may not take any part in the proceeding in relation to the claim (including any review or inquiry in relation to the claim), unless the parties to the proceeding otherwise agree.

NNTT’s reconsideration of the claim

 (7) In reconsidering the claim:

 (a) the NNTT must have regard to any information to which the Registrar was required to have regard under subsections 190A(3) to (5) in considering the claim; and

 (b) the NNTT may have regard to any other information which the NNTT regards as appropriate in reconsidering the claim.

Effect of certain notices

 (8) If, either before the NNTT begins to do so or while it is doing so, a notice is given in accordance with:

 (a) paragraph 24MD(6B)(c); or

 (b) section 29; or

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

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

in relation to an act affecting any of the land or waters in the area covered by the application, the member reconsidering the claim must use his or her best endeavours to finish reconsidering the claim 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 mentioned in paragraph 30(1)(a); or