Document ID: chunk:federal_register_of_legislation:C2024C00224:section:62:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 62 (pt 1/4)
Character Range: 362992–365682

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 stating the matters mentioned in subsection (1A); 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; and
 (d) if the operation of section 47C (national parks etc. covered by native title applications) has been agreed to in writing in accordance with paragraph 47C(1)(b) in relation to the whole or any part of the area covered by the application—must be accompanied by a copy of the agreement, and if there is an agreement under subsection 47C(5), that agreement.
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.
 (1A) For the purposes of paragraph (1)(a), the matters are:
 (a) 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
 (b) that the applicant believes that none of the area covered by the application is also covered by an approved determination of native title; and
 (c) that the applicant believes that all of the statements made in the application are true; and
 (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; and
 (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; and
 (f) if there are no conditions under section 251BA on the authority that relate to the making of the application—that there are no such conditions; and
 (g) if there are any conditions under section 251BA on the authority that relate to the making of the application:
 (i) that the conditions have been satisfied; and
 (ii) how the conditions have been satisfied.
Note: Section 251B states what it means for the applicant to be authorised by all the persons in the native title claim group.

Details required by paragraph (1)(b)