Document ID: chunk:federal_register_of_legislation:F2024L01171:schedule:1:p1
Version: federal_register_of_legislation:F2024L01171
Segment Type: schedule
Provision Reference: sch 1 (pt 1/11)
Character Range: 5569–8300

Schedule 1—Forms
Note: See sections 7 and 8.

Form 1—Native title determination application—claimant application
Note: See paragraph 7(1)(a).

Native Title Act 1993

The application of [name of applicant(s)]
Note 1: This form is to be used for a claimant application. For the definition of claimant application, see section 253 of the Act.
Note 2: Paragraph 62(1)(a) of the Act requires this application to be accompanied by an affidavit sworn by the applicant stating the following matters (which are set out in subsection 62(1A) of the Act):
(a) that the applicant believes that the native title rights and interests claimed by the native title group have not been extinguished in relation to any part of the area covered by the application;
(b) that the applicant believes that none of the area covered by the application is also covered by an approved determination of native title;
(c) that the applicant believes that all of the statements made in the application are true;
(d) 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;
(e) the details of the process of decision‑making complied with in authorising the applicant to make the application and to deal with matters arising in relation to it;
(f) if there are no conditions under section 251BA of the Act on the authority that relate to the making of the application—that there are no such conditions;
(g) if there are any conditions under section 251BA of the Act on the authority that relate to the making of the application—that the conditions have been satisfied and how the conditions have been satisfied.

A.  Details of the claim

      1. The applicant applies for a determination of native title under subsection 61(1) of the Native Title Act 1993.

      2. The applicant is entitled to make this application as [capacity in which the applicant claims to be entitled to make the application, e.g. a person authorised by the native title claim group to make the native title determination application: see Act, s 61(1) and 251B].

      3. The schedules to this application contain the following information:

Schedule A [see Act, s 61(4)]
  The names (including Aboriginal names) of the persons (the native title claim group) on whose behalf the application is made or a sufficiently clear description of the persons so that it can be ascertained whether any particular person is one of those persons.

Schedule B [see Act, s 62(2)(a)]
  A written description that enables the boundaries of the following to be identified:
 (a) the area covered by the application;
 (b) any areas within those boundaries that are not covered by the application.
Note: