Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_90:p1
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 90 (pt 1/2)
Character Range: 89848–92401

90  Transitionals—applications made before 1998 amendments

(1) This item applies to a native title determination application made by a person or persons claiming to hold native title if:
 (a) the application was made before the day on which Schedule 2 to the Native Title Amendment Act 1998 commenced; and
 (b) either:
 (i) the claim was not considered by the Registrar under item 11 of Schedule 5 to that Act; or
 (ii) the claim was considered by the Registrar under that item but not accepted for registration; and
 (c) the claim is not one that, because it was amended on or after the day on which Schedule 2 to the Native Title Amendment Act 1998 commenced:
 (i) was considered under section 190A of the Native Title Act 1993; and
 (ii) is on the Register of Native Title Claims on the day on which this Schedule commences.

(2) The Registrar must:
 (a) consider the claim under section 190A, or if the claim has already been considered under that section, reconsider the claim under that section; and
 (b) use his or her best endeavours to finish doing so by the end of one year after the commencing day.
If the Registrar does not do so by that time, the Registrar must consider, or reconsider, the claim under that section as soon as reasonably practicable afterwards.

(3) If, either before the Registrar begins to consider, or reconsider, the claim in accordance with subitem (2), or while the Registrar is doing so, a notice is given in accordance with:
 (a) paragraph 24MD(6B)(c); or
 (b) section 29; or
 (c) a provision of a law of a State or Territory that corresponds to section 29 and is covered by a determination in force under section 43; or
 (d) a provision of a law of a State or Territory that corresponds to section 29 and is covered by a determination in force under section 43A;
in relation to an act affecting any land or waters covered by the application, the Registrar must use his or her best endeavours to finish considering, or reconsidering, the claim under section 190A:
 (e) in a paragraph (a) case—2 months after the notice is given; or
 (f) in a paragraph (b) case—4 months after the notification day specified in the notice; or
 (g) in a paragraph (c) case—the period, in the law of the State or Territory, that corresponds to the period of 4 months after the notification day specified in a notice under section 29; or
 (h) in a paragraph (d) case—the period at the end of which any person who is a registered native title claimant or registered native title body corporate has a right to be consulted about the act,