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Native Title

4. Registration Test

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 18 Aug 2015

&4. Registration Testmiddot;         A claim group can apply to the National Native Title Tribunal (NNTT) for registration of their claim. If the claim for native title passes the registration test then the native title claim group acquires certain procedural rights such as the right to negotiate in relation to mining or mineral exploration. 

·         The NNTT registrar or their delegate decides whether or not to register a claim by considering the application against each of the conditions set out in the relevant section of the Native Title Act.

·         Usually reasons for all registration test decisions are made available to the public although confidential and culturally sensitive materials are not published.

·         Applications failing the registration test can still proceed through the court but applicants do not have the same right to negotiate in relation to mining or mineral exploration as applicants registered by the NNTT.

·         If the NNTT does not accept a claim for registration the applicant may seek a review of the tribunal’s decision in the Federal Court.

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