61Native title and compensation applications

61  Native title and compensation applications

Applications that may be made

 (1) The following table sets out applications that may be made under this Division to the Federal Court and the persons who may make each of those applications:

 

• Kind ofapplication Application Persons who may make application
• Native title determination application Application, as mentioned in subsection 13(1), for a determination of native title in relation to an area for which there is no approved determination of native title. (1) A person or persons authorised by all the persons (the native title claim group) who, according to their traditional laws and customs, hold the common or group rights and interests comprising the particular native title claimed, provided the person or persons are also included in the native title claim group; orNote 1: The person or persons will be the applicant: see subsection (2) of this section.Note 2: Section 251B states what it means for a person or persons to be authorised by all the persons in the native title claim group.(2) A person who holds a non‑native title interest in relation to the whole of the area in relation to which the determination is sought; or(3) The Commonwealth Minister; or(4) The State Minister or the Territory Minister, if the determination is sought in relation to an area within the jurisdictional limits of the State or Territory concerned.
• Revised native title determination application Application, as mentioned in subsection 13(1), for revocation or variation of an approved determination of native title, on the grounds set out in subsection 13(5). (1) The registered native title body corporate; or(2) The Commonwealth Minister; or(3) The State Minister or the Territory Minister, if the determination is sought in relation to an area within the jurisdictional limits of the State or Territory concerned; or(4) The Native Title Registrar.
• Compensation application Application under subsection 50(2) for a determination of compensation. (1) A registered native title body corporate, if the determination is sought in relation to an area of land or waters in relation to which the registered native title body corporate holds, or is an agent prescribed body corporate in relation to, the native title rights and interests; or(1A) A registered native title body corporate, on behalf of all the persons who claim to be entitled to the compensation, if:(a) the determination is sought in relation to an area of land or waters (the extinguished area) that is within the external boundary of the area of land or waters covered by an approved determination of native title (the earlier determination) under which the registered native title body corporate holds, or is an agent prescribed body corporate in relation to, native title rights and interests; and(b) either:(i) the earlier determination is that native title does not exist in relation to the extinguished area; or(ii) the extinguished area was expressly excluded from the area covered by the earlier determination because of subsection 61A(2) (restrictions on making of certain applications); and(c) the persons who claim to be entitled to the compensation are the common law holders in relation to the earlier determination; or(2) A person or persons authorised by all the persons (the compensation claim group) who claim to be entitled to the compensation, provided the person or persons are also included in the compensation claim group.Note 1: The person or persons will be the applicant: see subsection (2) of this section.Note 2: Section 251B states what it means for a person or persons to be authorised by all the persons in the compensation claim group.