Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_94c:p1
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 94C (pt 1/2)
Character Range: 51611–54190

94C  Order dismissing an application relating to a future act

 (1) Subject to subsections (2) and (3), the Federal Court must, on the application of a party or on its own motion, dismiss an application made by a person under section 61 if:
 (a) the application is for a determination of native title in relation to an area; and
 (b) the application is made during the period of 3 months after the notification day specified in a future act notice given in relation to land or waters wholly or partly within the area; and
 (c) the person becomes a registered native title claimant before the end of 4 months after the notification day specified in the future act notice; and
 (d) one of the following subparagraphs is satisfied in relation to each future act identified in the future act notice:
 (i) subsection 32(2) (which applies if no objection is made after the giving of a notice that the act attracts the expedited procedure) allows the act to be done;
 (ii) a determination is made under subsection 32(4) that the act is an act attracting the expedited procedure;
 (iii) native title parties have lodged one or more objections in relation to the act under subsection 32(3), but all such objections are withdrawn under subsection 32(6);
 (iv) an agreement of the kind mentioned in paragraph 31(1)(b) is made;
 (v) a determination is made under section 36A or 38 that the act may be done, or may be done subject to conditions being complied with;
 (vi) a determination is made under section 36A or 38 that the act must not be done;
 (vii) a determination that the act may be done, or may be done subject to conditions being complied with or must not be done, is declared to be overruled in accordance with section 42;
 (viii) a circumstance or action mentioned in subparagraphs (i) to (vii) exists, occurs or is taken, under any alternative provisions that are equivalent to the provisions mentioned in subparagraphs (i) to (vii); and
 (e) either:
 (i) the person fails to produce evidence in support of the application despite a direction by the Court to do so, or to take other steps to have the claim sought in the application resolved despite a direction by the Court to do so; or
 (ii) in a case to which subparagraph (i) does not apply, the Court considers that the person has failed, within a reasonable time, to take steps to have the claim sought in the application resolved.

 (2) The Court must not dismiss the application without first ensuring that the person is given a reasonable opportunity to present his or her case about why the application should not be