NATIVE TITLE ACT 1993 - SECT 190 Keeping the Register

NATIVE TITLE ACT 1993 - SECT 190

Registrar to include claims

  (1)   The Native Title Registrar must, as soon as practicable, include in the Register:

  (a)   details of any claims accepted for registration by the Registrar under section   190A or in response to notification by the NNTT under section   190E; and

  (b)   details of any claims that have been found to satisfy conditions equivalent to those set out in sections   190B and 190C, being claims of which the Registrar is notified by a recognised State/Territory body.

Amending Register after amendment of claims: recognised bodies

  (2)   If a recognised State/Territory body notifies the Registrar of an amendment of an application containing a claim that is on the Register, the Registrar must, as soon as practicable:

  (a)   if the claim as set out in the amended application has been found to satisfy conditions equivalent to those set out in sections   190B and 190C--amend the Register to reflect the amendment; or

  (b)   if the claim as set out in the amended application has been found not to satisfy conditions equivalent to those set out in sections   190B and 190C--amend the Register to remove any entry relating to the claim.

Amending Register after amendment of claims: other cases

  (3)   If the Registrar is given a copy of an amended application under subsection   64(4) that contains a claim or amends a claim, the Registrar must, as soon as practicable:

  (a)   amend the Register to reflect the amendment if:

  (i)   the claim is accepted for registration under section   190A; or

  (ii)   the claim is accepted for registration on reconsideration under section   190E; or

  (iii)   the claim is accepted for registration under section   190A but, because subsection   190A(1A) applies, the Registrar need not consider the claim made in an amended application; or

  (b)   if the claim is not accepted for registration under section   190A or in response to notification by the NNTT under section   190E--amend the Register to remove any entry relating to the claim.

Amending Register where additional information provided

  (3A)   If:

  (a)   the Registrar accepts for registration a claim made in an application under section   63 or an amended application under subsection   64(4); and

  (b)   in accordance with this section, the Registrar includes in the Register details of the claim and a description of the nature and extent of the native title rights and interests concerned; and

  (c)   afterwards, but before a native title determination in relation to the application or amended application is made, the applicant provides to the Registrar further information relating to any native title rights and interests that were claimed in the application but whose details and description were not included in the Register; and

  (d)   the Registrar considers that, if the information had been provided before the claim had been accepted for registration, the details and description would have been included in the Register;

the Registrar must amend the Register to include the details and description.

Entries removed or amended after determination, decision or withdrawal

  (4)   If:

  (a)   the Registrar is notified under section   189 or 189A of a decision or determination covering a claim; or

  (b)   the Registrar is notified by a recognised State/Territory body of a decision or determination covering a claim; or

  (c)   the Registrar is notified that an application that contained a claim has been withdrawn;

the Registrar must, as soon as practicable:

  (d)   if the application in question has been withdrawn, dismissed or otherwise finalised--remove the entry on the Register that relates to the claim; or

  (da)   if an approved determination of native title is made to the effect that native title exists in relation to an area:

  (i)   but no determination has yet been made under section   56; or

  (ii)   a determination has been made under section   56 that the native title rights and interests are to be held by the common law holders, but no determination has yet been made under subsection   57(2) of which prescribed body corporate is to perform the functions mentioned in subsection   57(3);

    amend the entry on the Register that relates to the claim so that it reflects that fact; or

  (e)   in any other case--amend the entry on the Register that relates to the claim so that it only relates to the matters in relation to which the application has not been finalised.

Note:   If an application has been finalised in relation to part of the area claimed, the Register would be amended to remove references to that area. If the application has been finalised by an approved determination of native title, that determination would be entered on the National Native Title Register.