Commonwealth Numbered Regulations

1993 No. 380 NATIONAL NATIVE TITLE TRIBUNAL REGULATIONS - SCHEDULE 1

                         SCHEDULE 1               Subregulation 3 (2)

FORMS
                           Form 1     Paragraphs 4 (1) (a), 5 (1) (a)

and 6 (1) (a)
Native Title Act 1993
NATIVE TITLE DETERMINATION APPLICATION
Sections 13 and 61 To: The Registrar National Native Title Tribunal (BEFORE
COMPLETING THIS FORM, YOU SHOULD READ THE EXPLANATORY MATERIAL RELATING TO THE
USE OF THE FORM THAT IS AVAILABLE FROM THE REGISTRAR) (A.Where the application
is made by a person or persons claiming to hold native title A1. I1/We1
,........................................, 2 apply for a determination of
native title. The following information, and the documents referred to in this
application, are provided for the purposes of the application. A2. Address(es)
of the applicant(s). A3. Name and address for service, including a telephone
number and facsimile number (if any) of the person who is to be the registered
native title claimant. A4. Name and address of the representative of the
applicant(s) (if any) including a telephone number and facsimile number (if
any). A5. A description of the other persons with whom the applicant(s)
claim(s) to hold title-if the application is made by (a) person(s) claiming to
hold native title with others. A6. A description of the area of land or waters
covered by the application and a map showing the geographical boundaries of
that area-the description must include the indigenous name of the area and
sites within the area. A7. A description of all information known to the
applicant(s) about interests in relation to any of the land or waters
concerned that are held by persons other than as a native title body
corporate. A8. Details of all searches conducted with public bodies and
authorities, and of all official title registers searched, and the results of
those searches, together with:

   (a)  a copy of any documents that record an existing or expired interest
        granted over any part of the area covered by the application; and

   (b)  a copy of the documents of title issued as evidence of the existing or
        expired interest. A9. Details of the native title rights and interests
        possessed under traditional laws and customs observed by the
        applicant(s) and other persons with whom the applicant claims to hold
        native title, including information about any physical connection that
        exists or did exist between:

   (a)  the applicant and the persons with whom the applicant claims to hold
        title, or the ancestors of the applicant and such persons; and

   (b)  the area covered by the application . A10. Any details or information
        provided that the applicant(s) request(s) the Registrar to keep
        confidential from the public under the power given to the Registrar to
        do so under section 188, and the reasons for that request. A11. An
        outline of the type of evidence which the applicant(s) will produce to
        the National Native Title Tribunal to support the claim, such as
        historical, anthropological and genealogical documents and oral
        evidence from the applicant and other people. A12. The name of the
        representative Aboriginal/Torres Strait Islander body or bodies (if
        any) for the area covered by the claim. A13. Any other relevant
        information. NOTE: THIS FORM MUST BE ACCOMPANIED BY AN AFFIDAVIT,
        SWORN BY YOU, THAT:

   (a)  YOU BELIEVE THAT NATIVE TITLE HAS NOT BEEN EXTINGUISHED IN RELATION TO
        ANY PART OF THE AREA THAT YOU HAVE REFERRED TO; AND

   (b)  YOU BELIEVE THAT NONE OF THE AREA IS COVERED BY AN ENTRY IN THE
        NATIONAL NATIVE TITLE REGISTER; AND

   (c)  YOU BELIEVE THAT ALL OF THE STATEMENTS MADE IN THIS APPLICATION ARE
        TRUE. (see paragraph 62 (1) (a) of the Native Title Act 1993))
        (B.Where the application is made except by a person or persons
        claiming to hold native title B1. I
        ,................................................., 2 apply for a
        determination of native title. The following information, and the
        documents referred to in this application, are provided for the
        purposes of the application. B2. Address of the applicant. B3. Address
        for service of the applicant, including a telephone number and
        facsimile number (if any). B4. Name and address of the representative
        of the applicant (if any) including a telephone number and facsimile
        number (if any). B5. A description of the area of land or waters
        covered by the application and a map showing the geographical
        boundaries of that area. B6. Details of any interest held by the
        applicant in the area covered by the application together with a copy
        of the document of title issued as evidence of the grant of the
        interest. B7. Details of all searches conducted with public bodies and
        authorities, and of all official title registers searched, and the
        results of those searches, together with:

   (a)  a copy of any documents that record an existing or expired interest
        granted over any part of the area covered by the application; and

   (b)  a copy of the documents of title issued as evidence of the existing or
        expired interest. B8. Any other relevant information. NOTE: THIS FORM
        MUST BE ACCOMPANIED BY AN AFFIDAVIT, SWORN BY YOU, THAT:

   (a)  YOU BELIEVE THAT NATIVE TITLE HAS NOT BEEN EXTINGUISHED IN RELATION TO
        ANY PART OF THE AREA THAT YOU HAVE REFERRED TO; AND

   (b)  YOU BELIEVE THAT NONE OF THE AREA IS COVERED BY AN ENTRY IN THE
        NATIONAL NATIVE TITLE REGISTER; AND

   (c)  YOU BELIEVE THAT ALL OF THE STATEMENTS MADE IN THIS APPLICATION ARE
        TRUE. (see paragraph 62 (1) (a) of the Native Title Act 1993)) 1 Omit
        if this does not apply 2 Name of applicant including Aboriginal or
        Torres Strait Islander name, if applicable
                        Form 2          Paragraphs 4 (1) (b), 5 (1) (b)

and 6 (1) (b)
Native Title Act 1993
REVISED NATIVE TITLE DETERMINATION APPLICATION
Sections 13 and 61 To: The Registrar National Native Title Tribunal (BEFORE
COMPLETING THIS FORM, YOU SHOULD READ THE EXPLANATORY MATERIAL RELATING TO THE
USE OF THE FORM THAT IS AVAILABLE FROM THE REGISTRAR)
1. I,................     ................................,1  apply for
a revised native title determination. The following information, and the
documents referred to in this application, are provided for the purposes of
the application. 2. Address of the applicant. 3. Address for service of the
applicant, including a telephone number and facsimile number (if any). 4. Name
and address of the representative of the applicant (if any) including a
telephone number and facsimile number (if any). 5. The status of the
applicant, that is, whether the applicant is a registered native title body
corporate, a Commonwealth, State or Territory Minister, or the Registrar. 6. A
description of the area of land or waters covered by the application and a map
showing the geographical boundaries of that area. 7. Details of the registered
native title body corporate. 8. Details of the approved determination of
native title. 9. Details of the events (if any) that have taken place since
the approved determination of native title was made which make that
determination no longer correct. 10. Details of the grounds (if any) as to why
the determination should be varied or revoked in the interests of justice. 11.
The name of the representative Aboriginal/Torres Strait Islander body or
bodies for the area covered by the application (if any). 12. Any other
relevant information. 1 Name of applicant, including any Aboriginal or Torres
Strait Islander name, if applicable
                        Form 3           Paragraphs 4 (1) (c), 5 (1) (c)

and 6 (1) (c)
Native Title Act 1993
COMPENSATION APPLICATION
Section 61 To: The Registrar National Native Title Tribunal (BEFORE COMPLETING
THIS FORM, YOU SHOULD READ THE EXPLANATORY MATERIAL RELATING TO THE USE OF THE
FORM THAT IS AVAILABLE FROM THE REGISTRAR) (A.Where compensation is claimed in
relation to a past act (see extended definition in section 228 of the Act
which includes renewals) that took place before, on or after 1 January 1994
and there is no registered native title body corporate for the area of land or
waters covered by the claim A1.
I1/We1,...........................................................,2 apply for
compensation for an act affecting native title. The following information, and
the documents referred to in this application, are provided for the purposes
of the application. A2. Address(es) of the applicant(s). A3. Address(es) for
service of applicant(s) including a telephone number and facsimile number (if
any). A4. Name and address of the representative of the applicant(s) (if any)
including a telephone number and facsimile number (if any). A5. Whether the
applicant(s) also claim(s) native title over the whole or part of the area
covered by the compensation application. (If so, then the applicant(s) will
need to also complete and lodge with the Registrar a native title
determination application form.). A6. A description of the area of land or
waters covered by the compensation application and a map showing the
geographical boundaries of that area. A7. A description of the other persons
(if any) with whom the applicant(s) claim(s) to be entitled to compensation.
A8. Details of the past act which it is claimed extinguished or impaired
native title rights and interests in relation to the area covered by the
compensation application, including:

   (a)  the government or other person that did the act and whether the act
        has been validated; and

   (b)  if the act has been validated-how this was done; and

   (c)  copies of all searches:

        (i)    of official title registers (such as the title register of the
               Crown Lands Department of the relevant State or Territory and
               the title register of Land Titles Office of the relevant State
               or Territory); and

        (ii)   searches conducted with public bodies and authorities;
that record an existing or expired interest granted over any part of the area
covered by the compensation application; and

   (d)  a copy of the document of title issued as evidence of the existing or
        expired interest. A9. Details of the native title rights and interests
        possessed under traditional laws and customs observed by the applicant
        and other persons (if any) with whom the applicant(s) claim(s) to hold
        or to have held native title that has been extinguished or impaired,
        including information about any physical connection that exists or did
        exist between:

   (a)  the applicant and the persons with whom the applicant claims to hold
        title, or the ancestors of the applicant and such persons; and

   (b)  the area covered by the application. A10. An outline of the type of
        evidence that the applicant(s) will produce to the National Native
        Title Tribunal to support the compensation claim, such as historical,
        anthropological and genealogical documents and oral evidence from the
        applicant(s) and other people. A11. Details as to the basis for the
        compensation application, such as the similar compensable interest
        test (see the definition in section 240 of the Act). A12. The name of
        the representative Aboriginal/Torres Strait Islander body or bodies
        (if any) for the area covered by the claim. A13. Details of any
        compensation received by the applicant(s) or to which the applicant(s)
        may be entitled under any agreement or award because of the same act
        or a related act. A14. Whether the applicant is claiming non-monetary
        compensation, and if so, the nature of the non-monetary compensation
        claimed. A15. Any other relevant information.) (B.Where compensation
        is claimed in relation to a past act (see extended definition in
        section 228 of the Act which includes renewals) that took place
        before, on or after 1 January 1994 and a determination of native title
        has been made B1. I1/We1
        ,.................................................., 2 apply for
        compensation for an act affecting native title. The following
        information, and the documents referred to in this application, are
        provided for the purposes of the application. B2. Address(es) of the
        applicant(s). B3. Address(es) for service of the applicant(s),
        including a telephone number and facsimile number (if any). B4. Name
        and address of the representative of the applicant(s) (if any)
        including a telephone number and facsimile number (if any). B5.
        Details of the registered native title body corporate . B6. A
        description of the area of land or waters covered by the compensation
        application and a map showing the geographical boundaries of that
        area. B7. Details of the past act which it is claimed extinguished or
        impaired native title rights and interests in relation to the area
        covered by the compensation application, including:

   (a)  the government or other person that did the act and whether the act
        has been validated; and

   (b)  if the act has been validated-how this was done; and

   (c)  copies of all searches:

        (i)    of official title registers (such as the title register of the
               Crown Lands Department of the relevant State or Territory and
               the title register of Land Titles Office of the relevant State
               or Territory); and

        (ii)   searches conducted with public bodies and authorities;
that record an existing or expired interest granted over any part of the area
covered by the compensation application; and

   (d)  a copy of the document of title issued as evidence of the existing or
        expired interest. B8. An outline of the type of evidence that the
        applicant will produce to the National Native Title Tribunal to
        support the compensation claim, such as historical, anthropological
        and genealogical documents and oral evidence from the applicant(s) and
        other people. B9. Details as to the basis for the compensation
        application, such as the similar compensable interest test (see
        definition in section 240 of the Act). B10. The name of the
        representative Aboriginal/Torres Strait Islander body or bodies (if
        any) for the area covered by the claim. B11. Details of any
        compensation received by the applicant or to which the applicant(s)
        may be entitled under any agreement or award because of the same act
        or a related act. B12. Whether non-monetary compensation is claimed by
        the applicant(s) and if so, the nature of the non-monetary
        compensation claimed. B13. Any other relevant information.) (C.Where
        compensation is claimed in relation to a permissible future act (see
        definition in section 235 of the Act) that takes place on or after 1
        January 1994 and the right to negotiate set out in Subdivision B of
        Division 3 of Part 2 of the Act does not apply C1. I1/We1
        ,..............................................., 2 apply for
        compensation for an act affecting native title. The following
        information, and the documents referred to in this application, are
        provided for the purposes of the application. C2. Address(es) of the
        applicant(s). C3. Address(es) for service of the applicant(s),
        including a telephone number and facsimile number (if any). C4. Name
        and address of the representative of the applicant(s) (if any)
        including a telephone number and facsimile number (if any). C5. A
        description of the other persons if any) with whom the applicant(s)
        claim(s) to be entitled to compensation. C6. Whether the applicant is
        the registered native title body corporate or is claiming native title
        over part or all of the area covered by the application for
        compensation. (If native title is claimed then the applicant(s) will
        need to also complete and lodge with the Registrar a native title
        determination application form.). C7. A description of the area of
        land or waters covered by the compensation application and a map
        showing the geographical boundaries of that area. C8. Details of the
        past act which it is claimed extinguished or impaired native title
        rights and interests in relation to the area covered by the
        compensation application, including:

   (a)  the government or other person that did the act and whether the act
        has been validated; and

   (b)  if the act has been validated-how this was done; and

   (c)  copies of all searches:

        (i)    of official title registers (such as the title register of the
               Crown Lands Department of the relevant State or Territory and
               the title register of Land Titles Office of the relevant State
               or Territory); and

        (ii)   searches conducted with public bodies and authorities;
that record an existing or expired interest granted over any part of the area
covered by the compensation application; and

   (d)  a copy of the document of title issued as evidence of the existing or
        expired interest. C9. If native title has not been determined-details
        as to why the act is not a low impact future act (see definition in
        section 234 of the Act.). C10. An outline of the type of evidence that
        the applicant(s) will produce to the National Native Title Tribunal to
        support the compensation claim, such as historical, anthropological
        and genealogical documents and oral evidence from the applicant(s) and
        other people. C11. Details as to the basis for the compensation
        application, such as the similar compensable interest test (see
        definition in section 240 of the Act.). C12. The name of the
        representative Aboriginal/Torres Strait Islander body or bodies (if
        any) for the area covered by the claim for compensation. C13 Details
        of any compensation received by the applicant or to which the
        applicant may be entitled under any agreement or award because of the
        same act or a related act. C14. Whether non-monetary compensation is
        claimed by the applicant(s) and if so, the nature of the non-monetary
        compensation claimed. C15 Any other relevant information.) (D.Where
        compensation is claimed for the extinguishment or impairment of native
        title because of an act over an area where a determination of native
        title has been made following an unopposed non-claimant application
        D1. I1/We1 ,............................................, 2 apply for
        compensation for an act affecting native title. The following
        information, and the documents referred to in this application, are
        provided for the purposes of the application. D2. Address(es) of the
        applicant(s). D3. Address(es) for service of the applicant(s)
        including a telephone number and facsimile number (if any). D4. Name
        and address of the representative of the applicant(s) (if any)
        including a telephone number and facsimile number. D5. Details of the
        registered native title body corporate. D6. A description of the area
        of land or waters covered by the claim for compensation and a map
        showing the geographical boundaries of that area. D7. Details of the
        act and the extent to which it extinguished, or is inconsistent with
        the continued existence, enjoyment or exercise of, native title rights
        and interests in relation to the area covered by the compensation
        application. D8. An outline of the type of evidence which the
        applicant(s) will produce to the National Native Title Tribunal to
        support the compensation claim, such as historical, anthropological
        and genealogical documents and oral evidence from the applicant(s) and
        other people. D9. Details as to the basis for the compensation
        application, such as the similar compensable interest test (see
        definition in section 240 of the Act). D10. The name of the
        representative Aboriginal/Torres Strait Islander body or bodies (if
        any) for the area covered by the claim. D11. Details of any
        compensation received by the applicant(s) or to which the applicant(s)
        may be entitled under any agreement or award because of the same act
        or a related act. D12. Whether non-monetary compensation is claimed by
        the applicant(s) and if so, the nature of the non-monetary
        compensation claimed. D13. Any other relevant information.) (E.Where
        compensation is claimed in relation to a future renewal act (see
        section 25 of the Act) E1.
        I1/We1,....................................................,2 apply
        for compensation for an act affecting native title. The following
        information, and the documents referred to in this application, are
        provided for the purposes of the application. E2. Address(es) of the
        applicant(s). E3. Address(es) for service of the applicant(s),
        including a telephone number and facsimile number (if any). E4. Name
        and address of the representative of the applicant(s) (if any)
        including a telephone number and facsimile number (if any). E5. A
        description of the other persons (if any) with whom the applicant(s)
        claim(s) to be entitled to compensation. E6. Whether the applicant is
        the registered native title body corporate or claiming native title
        over part or all of the area covered by the application for
        compensation. (If native title is claimed then the applicant(s) will
        need to also complete and lodge with the Registrar a native title
        determination application form.). E7. A description of the area of
        land or waters covered by the compensation application and a map
        showing the geographical boundaries of that area. E8. Details of the
        past act which it is claimed extinguished or impaired native title
        rights and interests in relation to the area covered by the
        compensation application, including:

   (a)  the government or other person that did the act and whether the act
        has been validated; and

   (b)  if the act has been validated-how this was done; and

   (c)  copies of all searches:

        (i)    of official title registers (such as the title register of the
               Crown Lands Department of the relevant State or Territory and
               the title register of Land Titles Office of the relevant State
               or Territory); and

        (ii)   searches conducted with public bodies and authorities;
that record an existing or expired interest granted over any part of the area
covered by the compensation application; and

   (d)  a copy of the document of title issued as evidence of the existing or
        expired interest. E9. If native title has not been determined, details
        as to why the act is not a low impact future act (see definition in
        section 234 of the Act). E10. An outline of the type of evidence which
        the applicant(s) will produce to the National Native Title Tribunal to
        support the compensation claim, such as historical, anthropological
        and genealogical documents and oral evidence from the applicant(s) and
        other people. E11. Details as to the basis for the compensation
        application, such as the similar interest test (see definition in
        section 240 of the Act). E12. The name of the representative
        Aboriginal/Torres Strait Islander body or bodies (if any) for the area
        covered by the claim for compensation. E13. Details of any
        compensation received by the applicant or to which the applicant may
        be entitled under any agreement or award because of the same act or a
        related act. E14. Whether non-monetary compensation is claimed by the
        applicant(s) and, if so, the nature of the non-monetary compensation
        claimed. E15. Any other relevant information.) 1 Omit if this does not
        apply 2 Name(s) of applicant(s), including Aboriginal or Torres Strait
        Islander name(s)
                         Form 4          Paragraphs 4 (2) (a), 5 (2) (a)

and 6 (2) (a)
Native Title Act 1993
OBJECTION TO INCLUSION IN AN EXPEDITED PROCEDURE APPLICATION To: The Registrar
National Native Title Tribunal (BEFORE COMPLETING THIS FORM, YOU SHOULD READ
THE EXPLANATORY MATERIAL RELATING TO THE USE OF THE FORM THAT IS AVAILABLE
FROM THE REGISTRAR) 1. I,.................................................,1
object to the inclusion in a notice under section 29 of the Act of a statement
that an act attracts the expedited procedure. The following information, and
the documents referred to in this application, are provided for the purposes
of the objection. 2. Address of the objector. 3. Address for service of
objector, including a telephone number and facsimile number (if any). 4. Name
and address of the representative of the objector (if any) including a
telephone number and facsimile number (if any). 5. Whether the objector is the
registered native title body corporate or a registered native title claimant.
(If a person needs to become registered as a native title claimant in order to
benefit from the right to negotiate and to object to the expedited procedure,
he or she will need to complete and lodge with the Registrar a native title
determination application form.). 6. The government that issued the notice and
the date of the notice. 7. A statement why the objector believes that the
proposed act is not an act attracting the expedited procedure that includes a
statement of the expected impact of the act on the community life of the
native title body corporate and areas or sites of particular significance. 8.
An outline of the type of evidence that the objector will produce to the
National Native Title Tribunal. 9. Any other relevant information. 1 Name of
objector, including any Aboriginal or Torres Strait Islander name
                         Form 5          Paragraphs 4 (2) (b), 5 (2) (b)

and 6 (2) (b)
Native Title Act 1993
FUTURE ACT DETERMINATION APPLICATION To: The Registrar National Native Title
Tribunal (BEFORE COMPLETING THIS FORM, AN APPLICANT IS ADVISED TO READ THE
EXPLANATORY MATERIAL RELATING TO THE USE OF THE FORM THAT IS AVAILABLE FROM
THE REGISTRAR) 1. I,................................................,1 apply
for a future act determination. The following information, and the documents
referred to in this application, are provided for the purposes of the
application. 2. Address of the applicant. 3. Address for service of the
applicant and facsimile number (if any). 4. Name and address of the
representative of the applicant (if any) including a telephone number and
facsimile number (if any). 5. Registered native title body corporate (if any).
6. Registered native title claimant (if any). 7. The government that issued
the notice and the date of the notice. 8. A description of the area of land
concerned. 9. A description of the proposed act, including whether the act is
the grant of a licence to prospect or explore for a substance that may be
mined. 10. A statement that the parties have not been able to reach agreement
in relation to the act:

   (a)  where the act is a prospecting or exploration licence-within 4 months
        of the notice being given,

   (b)  in any other case-within 6 months of the notice being given. 11. A
        statement of the effect of the proposed act on the native title rights
        and interests and the natural environment of the area of land
        concerned. 12. An outline of the type of evidence that the applicant
        will produce to show the effect of the proposed act on the area of
        land. 13. Whether the applicant has any knowledge of the findings of
        any other body that has made an assessment of the effect of the
        proposed act on the natural environment (if any), including a copy of
        any findings to that effect. 14. Any other relevant information. 1
        Name of applicant, including any Aboriginal or Torres Strait Islander
        name
                                   Form 6                  Regulation 9

Native Title Act 1993
NOTICE OF INTENTION TO BECOME A PARTY TO AN APPLICATION To: The Registrar
National Native Title Tribunal I1/we1: Name of person(s) giving notice:
Address of person(s) giving notice: Address for service of person(s) giving
notice: give notice under:
paragraph 68 (2) (b) of the Act 1
subsection 141 (3) of the Act 1 that I1/we1 want to be a party in relation to
the
application under Division 1 of Part 3 of the Act made by
....................................................
.................................................... 1, 2.
inquiry in relation to the following special matter
.................................................... 1, 3
........................................................4 Date:
.............................................. 1 Omit if this does not apply 2
Insert name(s) of applicant(s) 3 Insert details of inquiry 4 Signature of
person(s) giving notice
                               Form 7                   Regulation 11

Native Title Act 1993
SUMMONS TO GIVE EVIDENCE To: ...........................................1
...........................................2 YOU ARE REQUIRED to appear before
the National Native Title Tribunal to give evidence at: Time:
................................... Date: ...................................
Place: .................................. in relation to
..................................................... 3 and on each subsequent
day of the hearing of this matter until you are excused or released from
further attendance. (YOU ARE ALSO REQUIRED at that time to produce the
following documents: ...............            ...................4)5
...............................6 ...............................7
Member5/Registrar5 Date: .......................... (Note: For fees payable to
witnesses, see section 182 of the Native  Title Act 1993 and regulation 14 and
Schedule 2 of the National Native Title Tribunal Regulations.) This summons
has been issued at the request of.................... 8. For further
information contact: Firm/Agency: Person dealing with the matter: Telephone
number: Facsimile number: 1 Insert name of person being summoned 2 Insert
address of person being summoned 3 Insert description of matter for which
person is being summoned 4 Insert description of documents to be produced 5
Omit if this does not apply 6 Signature of person issuing summons 7 Insert
name of person issuing summons 8 Insert name of person or body at whose
request summons is issued