Document ID: chunk:federal_register_of_legislation:C2024C00224:section:94c:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 94C (pt 1/4)
Character Range: 444276–446736

94C  Order dismissing an application relating to a future act
 (1) Subject to subsections (2) and (3), the Federal Court must, on the application of a party or on its own motion, dismiss an application made by a person under section 61 if:
 (a) the application is for a determination of native title in relation to an area; and
 (b) it is apparent from the timing of the application that it is made in response to a future act notice given in relation to land or waters wholly or partly within the area; and
 (c) the future act requirements are satisfied in relation to each future act identified in the future act notice; and
 (e) either:
 (i) the person fails to produce evidence in support of the application despite a direction by the Court to do so, or to take other steps to have the claim sought in the application resolved despite a direction by the Court to do so; or
 (ii) in a case to which subparagraph (i) does not apply, the Court considers that the person has failed, within a reasonable time, to take steps to have the claim sought in the application resolved.
 (1A) For the purposes of paragraph (1)(b), it is apparent from the timing of an application by a person for a determination of native title in relation to an area that it is made in response to a future act notice to which the current law applies if:
 (a) the future act notice is given in relation to land or waters wholly or partly within the area; and
 (b) the application is made during the period of 3 months after the notification day specified in the future act notice; and
 (c) the person becomes a registered native title claimant in relation to any land or waters that will be affected by the act, before the end of 4 months after the notification day specified in the future act notice.
 (1B) For the purposes of paragraph (1)(b), it is apparent from the timing of an application by a person for a determination of native title in relation to an area that it is made in response to a future act notice to which the pre‑1998 law applies if:
 (a) the future act notice is given in relation to land or waters wholly or partly within the area; and
 (b) the person becomes a registered native title claimant in relation to any land or waters that will be affected by the act, within the period of 2 months starting when the notice is given.
 (1C) The regulations may prescribe, for the purposes of paragraph (1)(b), other circumstances in which it is taken to be apparent from