Document ID: chunk:federal_register_of_legislation:C2024C00224:section:190a:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 190A (pt 1/4)
Character Range: 551608–554220

190A  Registrar to consider claims

Claims made to Federal Court
 (1) If the Registrar is given a copy of a claimant application under section 63 or subsection 64(4), the Registrar must, in accordance with this section, consider the claim made in the application.
Note: Unless subsection (1A) applies, in the case of an amended application (under subsection 64(4)), the Registrar would be required to consider the claim in the amended application even if the Registrar had already accepted for registration the claim in the original application. In such a case, if the claim in the amended application were then accepted for registration, the Registrar would be required under subsection 190(3) to amend the Native Title Register to reflect the amendment.

Exception for certain amended claims
 (1A) Despite subsection (1), if:
 (a) the Registrar is given a copy of an amended application under subsection 64(4) that amends a claim; and
 (b) the application was amended because an order was made under section 87A by the Federal Court; and
 (c) the Registrar has already considered the claim, as it stood before the application was amended;
the Registrar need not consider the claim made in the amended application.

Effect of certain notices
 (2) If, either before the Registrar begins to do so or while he or she 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 Registrar must use his or her best endeavours to finish considering 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
 (h) in a paragraph (d) case—the period at the end of which any registered native title claimant or registered native title body corporate has a right to be consulted about the act, to object to the act or to participate in negotiations about the act.

Otherwise, claim to be considered as soon as is practicable
 (2A) In any other case, the Registrar must finish considering the claim as soon