Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_64
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 64
Character Range: 277595–279778

64  Amendment of applications

Application may be amended to reduce land or waters covered

 (1A) An application may at any time be amended to reduce the area of land or waters covered by the application. (This subsection does not, by implication, limit the amendment of applications in any other way.)

Note: If such an amendment is made, the Court may make an appropriate costs order under section 85A.

Amendment not to result in inclusion of additional areas

 (1) An amendment of an application must not result in the inclusion of any area of land or waters that was not covered by the original application.

Note: The Federal Court Rules provide for the amendment of applications.

Exception to subsection (1)

 (2) However, if:
 (a) the application is a claimant application (see section 253); and
 (b) the amendment combines the application with another claimant application or claimant applications;
subsection (1) does not prevent the inclusion of any area of land or waters covered by the other application or applications.

Application may be amended despite section 190A consideration

 (3) In the case of a claimant application, the fact that the Registrar is, under section 190A, considering the claim made in the application does not prevent amendment of the application.

Registrar of the Federal Court to give copy of amended application to Native Title Registrar

 (4) If an application is amended, the Registrar of the Federal Court must, as soon as practicable, give a copy of the amended application to the Native Title Registrar.

Group applications—amendment to change applicant

 (5) If a claimant application, or a compensation application whose making was authorised by a compensation claim group, is amended so as to replace the applicant with a new applicant, the amended application must be accompanied by an affidavit sworn by the new applicant:
 (a) that the new applicant is authorised by the other persons included in the native title claim group, or the compensation claim group, to deal with matters arising in relation to the application; and
 (b) stating the basis on which the new applicant is authorised as mentioned in paragraph (a).