Document ID: chunk:federal_register_of_legislation:C2004A03449:body:0:p17
Version: federal_register_of_legislation:C2004A03449
Segment Type: other
Provision Reference: 
Character Range: 38889–41678

sub-paragraph (1) (a) (ii) in relation to the earlier application made no recommendation as mentioned in that sub-paragraph in relation to that land,
the Commissioner shall not perform, or continue to perform, a function under paragraph (1) (a) in relation to the land (in this sub-section referred to as the 'common land') to which both the first-mentioned application and the earlier application relate unless the Commissioner finds—
     (d) that the basis on which the applicants contend that the applicants, or specified Aboriginals, are the traditional Aboriginal owners of the common land is substantially different from the basis on which the like contention was made in relation to the previous claim;
     (e) that information, documents or records that are likely to be relevant to the performance by the Commissioner of that function, being information, records or documents that were not available to the Commissioner to whom the previous application was made, will be available to the Commissioner in connection with the performance of that function; or
     (f) any other ground upon which it appears to the Commissioner appropriate to perform, or continue to perform, that function,
and that it is likely that the Commissioner will find that the applicants or specified Aboriginals are the traditional Aboriginal owners of the common land.
"(2c) Where—
     (a) an application referred to in paragraph (1) (a) has been made to a Commissioner; and

     (b) it appears to the Commissioner that an estate or interest in the land is held by or on behalf of Aboriginals,
the Commissioner shall not perform, or continue to perform, a function under that paragraph in relation to the application as it relates to that land unless the Aboriginals who hold that estate or interest have, or the body which holds that estate or interest on their behalf has, consented, in writing, to the making of the application.
"(2d) Where—
     (a) an application referred to in paragraph (1) (a) has been made to a Commissioner (whether before or after the commencement of this section);
     (b) the whole or part of the land to which the application relates was reserved, dedicated or otherwise set aside under a law of the Northern Territory, with effect from a time before the commencement of this sub-section, as a stock route or stock reserve; and
     (c) if the application was made before the commencement of this sub-section—the Commissioner had not, before that commencement, commenced an inquiry under paragraph (1) (a) in relation to the application in respect of that land or that part,
the Commissioner shall not perform, or continue to perform, a function under paragraph (1) (a) in relation to the application in respect of that land or that part.
"(2e) Paragraph (2d) (b) does