Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_62:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 62 (pt 1/3)
Character Range: 271650–274368

62  Information etc. in relation to certain applications

Claimant applications

 (1) A claimant application (see section 253):
 (a) must be accompanied by an affidavit sworn by the applicant:
 (i) that the applicant believes that the native title rights and interests claimed by the native title claim group have not been extinguished in relation to any part of the area covered by the application; and
 (ii) that the applicant believes that none of the area covered by the application is also covered by an entry in the National Native Title Register; and
 (iii) that the applicant believes that all of the statements made in the application are true; and
 (iv) that the applicant is authorised by all the persons in the native title claim group to make the application and to deal with matters arising in relation to it; and

Note: Section 251B states what it means for the applicant to be authorised by all the persons in the native title claim group.
 (v) stating the basis on which the applicant is authorised as mentioned in subparagraph (iv); and
 (b) must contain the details specified in subsection (2); and
 (c) may contain details of:
 (i) if any member of the native title claim group currently has, or previously had, any traditional physical connection with any of the land or waters covered by the application—that traditional physical connection; or
 (ii) if any member of the native title claim group has been prevented from gaining access to any of the land or waters covered by the application—the circumstances in which the access was prevented.

Note: The applicant will be the registered native title claimant in relation to the area claimed if and for so long as the claim is entered on the Register of Native Title Claims.

Details required by paragraph (1)(b)

 (2) For the purposes of paragraph (1)(b), the details required are as follows:
 (a) information, whether by physical description or otherwise, that enables the boundaries of:
 (i) the area covered by the application; and
 (ii) any areas within those boundaries that are not covered by the application;
  to be identified;
 (b) a map showing the boundaries of the area mentioned in subparagraph (a)(i);
 (c) details and results of all searches carried out to determine the existence of any non‑native title rights and interests in relation to the land or waters in the area covered by the application;
 (d) a description of the native title rights and interests claimed in relation to particular land or waters (including any activities in exercise of those rights and interests), but not merely consisting of a statement to the effect that the native title rights and interests are all native title rights and interests that may