The application
The form of the application requires that the claimants clearly identify the Indigenous group who holds native title. This may be in the form of an exhaustive list or another description, such as language, descent and family groups, from which it is clear, from an objective assessment, who is included in the group. A combination of these approaches may be best to ensure that the description is comprehensive. The application must also clearly identify the boundaries of the claim, with the aid of a map. (section 190B(2), (3)) Native Title Act 1993 (Cth))
The application must set out the rights and interests that emerge from the traditional laws and customs, for which the group wishes to claim the protection of native title. This may include exclusive use and possession of all or part of the claim area, but may also include other rights and interests, such as ceremonial rights, access and the right to control access of others, rights to use water and water resources, and any other rights the applicants will want to exercise on the land, should native title be recognised. However, ownership of minerals, petroleum or gas, and claims to exclusive possession of the sea are specifically excluded. They must also indicate the facts upon which the claim is based, which establish a connection, and the maintenance of that connection, with the land according to law and custom. This would include, for example, the history of use for all sorts of purposes from before colonial times up to the present that reflects the culture and law of the group. This information must also show that at least one member of the group, has or previously had, a 'traditional physical connection' with some part of the land. (sections 190B(4)-(5), (7), (9) Native Title Act 1993 (Cth))
The application must set out the rights and interests that emerge from the traditional laws and customs, for which the group wishes to claim the protection of native title. This may include exclusive use and possession of all or part of the claim area, but may also include other rights and interests, such as ceremonial rights, access and the right to control access of others, rights to use water and water resources, and any other rights the applicants will want to exercise on the land, should native title be recognised. However, ownership of minerals, petroleum or gas, and claims to exclusive possession of the sea are specifically excluded. They must also indicate the facts upon which the claim is based, which establish a connection, and the maintenance of that connection, with the land according to law and custom. This would include, for example, the history of use for all sorts of purposes from before colonial times up to the present that reflects the culture and law of the group. This information must also show that at least one member of the group, has or previously had, a 'traditional physical connection' with some part of the land. (sections 190B(4)-(5), (7), (9) Native Title Act 1993 (Cth))
Keywords: National Native Title Tribunal, Native Title Act (1993), native title claim, 1993-
Author: Strelein, Lisa