Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_66:p2
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 66 (pt 2/3)
Character Range: 282265–284920

notify the public in the determined way of the application.

Exception where application is struck out

 (4) Subsection (3) does not apply if:
 (a) the State or Territory Minister applies to the Federal Court under subsection 84C(1) or otherwise, within 28 days after the day on which the State or Territory Minister is given a copy of the application under subsection (2), to strike out the application; and
 (b) the Court strikes out the application.

Exception to subparagraph (3)(a)(iv)

 (5) If the Registrar considers that, in the circumstances, it would be unreasonable to give notice to a person in accordance with subparagraph (3)(a)(iv), the Registrar is not required to give notice to that person.

Notice etc. not to be given until claim registration decision made

 (6) If the application is a claimant application:
 (a) the Registrar must not comply with subsection (3) until the Registrar has decided, in accordance with section 190A, whether or not to accept for registration the claim made in the application; and
 (b) the notice required to be given under subsection (3) must state whether or not the Registrar has accepted the claim for registration.

Federal Court order as to notice

 (7) 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 paragraph (3)(a); or
 (b) how such notice must be given.

Notice to specify day

 (8) A notice under paragraph (3)(a) or (d) must specify a day as the notification day for the application. Each such notice in relation to the application must specify the same day.

Which days may be specified

 (9) That day must be a day by which, in the Registrar's opinion, it is reasonable to assume that all notices under paragraphs (3)(a) and (d) in relation to the application will have been received by, or will otherwise have come to the attention of, the persons who must be notified under those paragraphs.

Contents of notice

 (10) A notice under paragraph (3)(a) or (d) must also include a statement to the effect that:
 (a) in the case of a non‑claimant application (see section 253)—the area covered by the application may be subject to section 24FA protection unless, at the end of the period of 3 months starting on the notification day (as defined in subsection (8) of this section), the area is covered by a relevant native title claim (as defined in section 24FE); and
 (b) in the case of any native title determination application—as there can be only one determination of native title for an area, if a person does not become a party in relation to the application, there may be no other