Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_61a
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 61A
Character Range: 269716–271650

61A  Restrictions on making of certain applications

No native title determination application if approved determination of native title

 (1) A native title determination application must not be made in relation to an area for which there is an approved determination of native title.

Claimant applications not to be made covering previous exclusive possession act areas

 (2) If:
 (a) a previous exclusive possession act (see section 23B) was done in relation to an area; and
 (b) either:
 (i) the act was an act attributable to the Commonwealth; or
 (ii) the act was attributable to a State or Territory and a law of the State or Territory has made provision as mentioned in section 23E in relation to the act;
a claimant application must not be made that covers any of the area.

Claimant applications not to claim certain rights and interests in previous non‑exclusive possession act areas

 (3) If:
 (a) a previous non‑exclusive possession act (see section 23F) was done in relation to an area; and
 (b) either:
 (i) the act was an act attributable to the Commonwealth; or
 (ii) the act was attributable to a State or Territory and a law of the State or Territory has made provision as mentioned in section 23I in relation to the act;
a claimant application must not be made in which any of the native title rights and interests claimed confer possession, occupation, use and enjoyment of any of the area to the exclusion of all others.

Section not to apply in section 47, 47A or 47B cases

 (4) However, subsection (2) or (3) does not apply to an application if:
 (a) the only previous exclusive possession act or previous non-exclusive possession act concerned was one whose extinguishment of native title rights and interests would be required by section 47, 47A or 47B to be disregarded were the application to be made; and
 (b) the application states that section 47, 47A or 47B, as the case may be, applies to it.