Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_89:p1
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 89 (pt 1/2)
Character Range: 85917–88478

89  Transitionals—applications made after 1998 amendments

(1) This item applies to a native title determination application that a native title claim group has authorised to be made if:
 (a) the application was made before the commencing day, but on or after the day on which Schedule 2 to the Native Title Amendment Act 1998 commenced; and
 (b) the claim made in the application or, if the application is amended, the application as amended, is not on the Register of Native Title Claims on the commencing day.

(2) The Registrar must:
 (a) reconsider the claim under section 190A or, if the claim has not already been considered under that section, consider 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 reconsider or consider (as the case requires) the claim under that section as soon as reasonably practicable afterwards.

(3) If, either before the Registrar begins to reconsider, or consider, 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 of the land or waters in the area covered by the application, the Registrar must use his or her best endeavours to finish considering the claim under section 190A by the end of:
 (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, to object to the act or to participate in negotiations about the act.

(4) In reconsidering, or considering, a claim in accordance with subitems (2) or (3), the Registrar must:
 (a) in addition to having regard to information in accordance with subsection 190A(3), also have regard to