Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_66a
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 66A
Character Range: 285413–288118

66A  Notice of amended application

Native Title Registrar to notify parties etc.

 (1) If:
 (a) the Native Title Registrar is given a copy of an amended application under section 64; and
 (b) the amendment concerned results in a change to the area of land or waters covered by the original application; and
 (c) subsection (2) does not apply;
the Registrar must:
 (d) give notice of the amended application to each person who, when the Registrar receives the copy, is a party to a proceeding under Part 4 in relation to the application; and
 (e) if, when the Registrar receives the copy, the period specified in the notice in accordance with paragraph 66(10)(c) has not ended:
 (i) give notice of the amended application to all persons to whom the Registrar gave notice of the application in accordance with paragraph 66(3)(a); and
 (ii) notify the public in the determined way of the amended application.

Combined applications

 (2) If an amended application of which the Registrar is given a copy under section 64 results from combining the application with one or more other applications, the Native Title Registrar must:
 (a) give notice of the combining of the applications to each person who, immediately before the combining of the applications, was a party to a proceeding under Part 4 in relation to any of the applications; and
 (b) if, when the Registrar receives the copy, the period specified in the notice in accordance with paragraph 66(10)(c) has not ended:
 (i) give notice of the combining of the applications to all persons to whom the Registrar gave notice of the applications in accordance with paragraph 66(3)(a); and
 (ii) notify the public in the determined way of the combining of the applications.

Federal Court order as to notice

 (3) The Registrar may apply to the Federal Court for an order as to:
 (a) whether a particular person or class of persons must be given notice under subsection (1) or (2); or
 (b) how such notice must be given.

Federal Court may direct Native Title Registrar to give notice

 (4) The Federal Court may, if it considers it necessary, direct the Native Title Registrar to give such additional notice of the amended application as the Court considers appropriate.

Parties to original applications become parties to combined application

 (5) If an amended application of which the Registrar is given a copy under section 64 results from combining the application with one or more other applications, each person who, immediately before the combining of the applications, was a party to a proceeding under Part 4 in relation to any of the applications becomes a party to a proceeding under Part 4 in relation to the combined application.