Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:5_11:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 5 cl 11 (pt 1/4)
Character Range: 588422–590892

11  Registration of claims

Pre‑commencement registered claims covered

(1) This item sets out the consequences of the commencement of this Act in relation to a claim made in an application that was given to the Native Title Registrar as mentioned in section 61 of the old Act if, when this Act commenced, an entry recording details of the claim was on the Register of Native Title Claims.

Excluded case

(2) However, the item does not apply if, before this Act commenced, an approved determination of native title had been made in relation to the application.

Section 190A to be applied, with expedited consideration, to applications before 27 June 1996 where section 29 notice

(3) If:
 (a) the application was made before 27 June 1996; and
 (b) a notice is given under section 29 of the new Act, or a corresponding provision of a law of a State or Territory covered by a determination under subsection 43(1) of the new Act or old Act, in relation to an act affecting any of the land or waters covered by the claim; and
 (c) no such notice has previously been given in relation to an act affecting any of the land or waters covered by the claim;
the Registrar must:
 (d) consider the claim under section 190A of the new Act; and
 (e) use his or her best endeavours to finish doing so by the end of 4 months after the notice is given.
If he or she does not do so by that time, he or she must consider the claim under that section as soon as reasonably practicable afterwards.

Section 190A to be applied within one year to applications before 27 June 1996 where freehold estate or non-mining lease

(4) If:
 (a) the application was made before 27 June 1996; and
 (b) at the commencement of this Act, any part of the area covered by the claim is covered by a freehold estate or a lease (other than a mining lease);
the Registrar must:
 (c) consider the claim under section 190A of the new Act; and
 (d) use his or her best endeavours to finish doing so by the end of one year after the commencement of this Act.
If he or she does not do so by that time, he or she must consider the claim under that section as soon as reasonably practicable afterwards.

Section 190A to be applied to applications made on or after 27 June 1996

(5) If the application was made on or after 27 June 1996, the Registrar must consider the claim under section 190A of the new Act as soon as reasonably practicable.

Expedited section 190A consideration where section 29 notice

(6) If:
 (a)