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What is the difference between a claimant and a non-claimant under a native title claim?

I am looking through the native title forms and can see a mention of a claimant and a non-claimant. I am not exactly sure which one I am. I hold a pastoral lease over the property over which a native title claim has been made.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 13-11-2015
1 Lawyer Answered
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  1. Native Title
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • A claimant is a person (or persons) who brings forth a claim of native title over land or water on which they hold rights and interest according to their traditional laws and customs.
  • A non-claimant is a person (or persons) who holds an interest other than a native title interest over the property such as a lease or a licence.
  • If you are not claiming a traditional link to the land you are a non-claimant.
  • To make a non-claimant application you must have a valid interest in the area of land such as a pastoral lease. 

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