Document ID: chunk:federal_register_of_legislation:C2021A00006:clause:4_7
Version: federal_register_of_legislation:C2021A00006
Segment Type: clause
Provision Reference: sch 4 cl 7
Character Range: 46152–48003

7  Subsection 61(1) (cell at table item dealing with compensation application, column headed "Persons who may make application")
Repeal the cell, substitute:
(1) A registered native title body corporate, if the determination is sought in relation to an area of land or waters in relation to which the registered native title body corporate holds, or is an agent prescribed body corporate in relation to, the native title rights and interests; or
(1A) A registered native title body corporate, on behalf of all the persons who claim to be entitled to the compensation, if:
(a) the determination is sought in relation to an area of land or waters (the extinguished area) that is within the external boundary of the area of land or waters covered by an approved determination of native title (the earlier determination) under which the registered native title body corporate holds, or is an agent prescribed body corporate in relation to, native title rights and interests; and
(b) either:
(i) the earlier determination is that native title does not exist in relation to the extinguished area; or
(ii) the extinguished area was expressly excluded from the area covered by the earlier determination because of subsection 61A(2) (restrictions on making of certain applications); and
(c) the persons who claim to be entitled to the compensation are the common law holders in relation to the earlier determination; or
(2) A person or persons authorised by all the persons (the compensation claim group) who claim to be entitled to the compensation, provided the person or persons are also included in the compensation claim group.
Note 1: The person or persons will be the applicant: see subsection (2) of this section.
Note 2: Section 251B states what it means for a person or persons to be authorised by all the persons in the compensation claim group.