·         A claimant authorised by the native title claim group can make an application on behalf of the group by lodging a ‘Form 1 Native Title Determination Application’ available on the Federal Court website: http://www.fedcourt.gov.au/forms-and-fees/forms/native-title-regulations.

·         The application must be accompanied by an affidavit from each applicant addressing matters set out in section 62(1) of the Native Title Act including:

o   a general description of the factual basis on which it is said that the native title exists including:

§  that the native title claim group has and their predecessors had an association with the area;

§  that traditional laws and customs exist that give rise to native title; and

§  that the native title claim group has continued to hold native title in accordance with those traditional laws and customs;

o   details of any traditional physical connection with the land or waters covered by the application;

o   a description of the native title rights and interests claimed in relation to particular land or waters including any historical activities in exercise of those rights and interests;

o   whether the native title claim group currently carries on any activities in relation to the land or waters and details of those activities;

o   whether any member of the native title claim group has been prevented from gaining access to the land or waters covered by the application;

o   information to identify the area claimed including:

§  a map showing the boundaries of the area;

§  a physical description of the area; and

§  identification of any areas within those boundaries that are not covered by the application; and

o   that native title rights and interests have not been extinguished as evidenced by details of title searches relating to the existence of other rights and interests in the land or waters.

·         A person who has an interest such as a lease or a licence in the area covered by a native title application can make a claim using a Form 2 Native Title Determination Application available on the Federal Court website: http://www.fedcourt.gov.au/forms-and-fees/forms/native-title-regulations.

·         Completed forms need be filed with the Federal Court. This can be done:

o   electronically through the court’s eLodgment process;

o   in person;

o   by post; or

o   by fax.

·         Copies of claimant and non-claimant applications accepted for filing in the Federal Court are provided to the National Native Title Tribunal (NNTT) so it can:

o   apply the registration test; and

o   notify the applicant.