Document ID: chunk:federal_register_of_legislation:C2024C00224:section:190b:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 190B (pt 2/2)
Character Range: 561739–563606

title claim group:
 (a) currently has or previously had a traditional physical connection with any part of the land or waters covered by the application; or
 (b) previously had and would reasonably have been expected currently to have a traditional physical connection with any part of the land or waters but for things done (other than the creation of an interest in relation to land or waters) by:
 (i) the Crown in any capacity; or
 (ii) a statutory authority of the Crown in any capacity; or
 (iii) any holder of a lease over any of the land or waters, or any person acting on behalf of such a holder of a lease.

No failure to comply with section 61A
 (8) The application and accompanying documents must not disclose, and the Registrar must not otherwise be aware, that, because of section 61A (which forbids the making of applications where there have been previous native title determinations or exclusive or non‑exclusive possession acts), the application should not have been made.

No extinguishment etc. of claimed native title
 (9) The application and accompanying documents must not disclose, and the Registrar must not otherwise be aware, that:
 (a) to the extent that the native title rights and interests claimed consist of or include ownership of minerals, petroleum or gas—the Crown in right of the Commonwealth, a State or a Territory wholly owns the minerals, petroleum or gas; or
 (b) to the extent that the native title rights and interests claimed relate to waters in an offshore place—those rights and interests purport to exclude all other rights and interests in relation to the whole or part of the offshore place; or
 (c) in any case—the native title rights and interests claimed have otherwise been extinguished (except to the extent that the extinguishment is required to be disregarded under subsection 47(2), 47A(2), 47B(2) or 47C(8)).