Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_62:p2
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 62 (pt 2/3)
Character Range: 274124–276817

particular land or waters (including any activities in exercise of those rights and interests), but not merely consisting of a statement to the effect that the native title rights and interests are all native title rights and interests that may exist, or that have not been extinguished, at law;
 (e) a general description of the factual basis on which it is asserted that the native title rights and interests claimed exist and in particular that:
 (i) the native title claim group have, and the predecessors of those persons had, an association with the area; and
 (ii) there exist traditional laws and customs that give rise to the claimed native title; and
 (iii) the native title claim group have continued to hold the native title in accordance with those traditional laws and customs;
 (f) if the native title claim group currently carry on any activities in relation to the land or waters—details of those activities;
 (g) details of any other applications to the High Court, Federal Court or a recognised State/Territory body, of which the applicant is aware, that have been made in relation to the whole or a part of the area covered by the application and that seek a determination of native title or a determination of compensation in relation to native title;
 (h) details of any notices under section 29 (or under a corresponding provision of a law of a State or Territory), of which the applicant is aware, that have been given and that relate to the whole or a part of the area.

Note: Notices under section 29 are relevant to subsection 190A(2).

Compensation applications

 (3) In the case of a compensation application whose making was authorised by a compensation claim group, the application:
 (a) must be accompanied by an affidavit sworn by the applicant:
 (i) that the applicant believes that native title rights and interests exist or have existed in relation to the area; and
 (ii) that the applicant believes that all of the statements made in the application are true; and
 (iii) that the applicant is authorised by all the persons in the compensation claim group to make the application and to deal with matters arising in relation to it; and

Note: Section 251B states what it means for the applicant to be authorised by all the persons in the compensation claim group.
 (iv) stating the basis on which the applicant is authorised as mentioned in subparagraph (iii); and
 (b) must contain the details that would be required to be specified by paragraph (1)(b), and may contain the details that would be permitted under paragraph (1)(c), if the compensation application were instead a native title determination application in respect of the native title involved