Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:5_11:p2
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 5 cl 11 (pt 2/4)
Character Range: 590656–593167

If the application was made on or after 27 June 1996, the Registrar must consider the claim under section 190A of the new Act as soon as reasonably practicable.

Expedited section 190A consideration where section 29 notice

(6) If:
 (a) either before the Registrar begins to consider the claim in accordance with subitem (4) or (5) or while the Registrar is doing so, a notice is given under section 29 of the new Act, or a corresponding provision of a law of a State or Territory covered by a determination under subsection 43(1) of the new Act, in relation to an act affecting any of the land or waters covered by the claim; and

Note: Subitem 14(4) deems determinations under subsection 43(1) of the old Act to be made under subsection 43(1) of the new Act for post‑commencement purposes.
 (b) no such notice has previously been given in relation to an act affecting any of the land or waters covered by the claim;
the Registrar must use his or her best endeavours to finish considering the claim under section 190A of the new Act by the end of 4 months after the notice is given. If he or she does not do so by that time, he or she must consider the claim under that section as soon as reasonably practicable afterwards.

Order of consideration of claims affected by same section 29 notice

(7) If:
 (a) a notice is given under section 29 of the new Act, or under a corresponding provision of a law of a State or Territory covered by a determination under subsection 43(1) of the new Act; and
 (b) as a result of the giving of the notice, the Registrar is required by subitem (3) or (6), or by subitems (3) and (6), to consider 2 or more claims under section 190A of the new Act;
then the Registrar must consider the claims under that section in the order in which their details were entered on the Register of Native Title Claims.

Later information to be taken into account

(8) In considering a claim in accordance with subitems (3) to (7), the Registrar must:
 (a) in addition to having regard to information in accordance with subsection 190A(3) of the new Act, also have regard to any information provided by the applicant after the application was made; and
 (b) apply section 190A of the new Act as if the conditions in sections 190B and 190C requiring that the application:
 (i) contain or be accompanied by certain information or other things; or
 (ii) be certified or have other things done in relation to it;
  also allowed the information or other things to be provided, or the certification or