Sentences with phrase «title claim application»

Finlayson, J, «Anthropology and Connection Reports in Native Title Claim Applications» in Land, Rights, Laws: Issues of Native Title (Vol 2, no. 9) Australian Institute of Aboriginal and Torres Strait Islander Studies, 2001, p3.

Not exact matches

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If you receive an email titled «Borrower Defense Claim,» it is from the Department of Education and includes communication on a full or partial approval of your borrower defense application.

Today's ruling marked the first time the Supreme Court has recognized aboriginal title to a specific piece of land, and is expected to have predominant application in resource - rich Pacific Coast province, where there are unresolved land claims.

Title includes overseeing of the individual book of business for insurance agency, processing new applications for coverage, and handling claims or billing as needed for licensed insurance agents.

The difficulties are compounded if there is uncertainty about who is claiming native title in the land that is the subject of the application or if there are multiple claimants asserting essentially identical interests.

This initiative was one of the recommendations made by the WA Technical Taskforce on Mineral Tenements and Land Title Applications to expedite the processing of the backlog of mineral tenements applications on land under native title claim: Technical Taskforce on Mineral Tenements and Land Title Applications, Final Report, Government of Western Australia, 2001, pTitle Applications to expedite the processing of the backlog of mineral tenements applications on land under native title claim: Technical Taskforce on Mineral Tenements and Land Title Applications, Final Report, Government of Western Australia, Applications to expedite the processing of the backlog of mineral tenements applications on land under native title claim: Technical Taskforce on Mineral Tenements and Land Title Applications, Final Report, Government of Western Australia, applications on land under native title claim: Technical Taskforce on Mineral Tenements and Land Title Applications, Final Report, Government of Western Australia, 2001, ptitle claim: Technical Taskforce on Mineral Tenements and Land Title Applications, Final Report, Government of Western Australia, 2001, pTitle Applications, Final Report, Government of Western Australia, Applications, Final Report, Government of Western Australia, 2001, p. 19.

The Commonwealth's participation in native title litigation, either as a party with a property interest in the land affected by the claim or with a policy interest in the Court's interpretation or application of the legislation to the claim before it, is decided within the Attorney - General's Department.

[108] That is, that the person who makes the application has been authorised appropriately to make that claim on behalf of the claim group, this procedure is dealt with further in Section 251B of the Native Title Act which requires traditional laws and customs (where they exist regarding similar matters) to be the source of the decision making process for the authorisation.

«A framework agreement could clearly establish agreed principles upon which the negotiation of native title applications could occur and deal with strategic and prioritisation issues», Wand, P, and Athanasiou, C, Review of the Native Title Claim Process in Western Australia, Report to the Government of Western Australia, Western Australia Government, Perth, 2001 (hereinafter referred to as the «Wand Review»), para 9title applications could occur and deal with strategic and prioritisation issues», Wand, P, and Athanasiou, C, Review of the Native Title Claim Process in Western Australia, Report to the Government of Western Australia, Western Australia Government, Perth, 2001 (hereinafter referred to as the «Wand Review»), para 9Title Claim Process in Western Australia, Report to the Government of Western Australia, Western Australia Government, Perth, 2001 (hereinafter referred to as the «Wand Review»), para 9.2.1.

Justice Lindgren found that seven of the eight claims (including the Wongatha peoples» application) were not authorised as required by Sections 61 (1) and 61 (4) of the Native Title Act.107 Therefore, he held that the court didn't have the jurisdiction to hear the applications and he dismissed the claims.108 He made no determination on the existence or absence of native tTitle Act.107 Therefore, he held that the court didn't have the jurisdiction to hear the applications and he dismissed the claims.108 He made no determination on the existence or absence of native titletitle.

3.1 Review of the Native Title Claim Process in Western Australia - WAND Report 3.2 Project Development Approvals Review 3.3 Technical Taskforce on Mineral Tenements and Land Title Applications

The Technical Taskforce on Mineral Tenements and Land Title Applications (92), aimed at expediting the processing of the backlog of mineral tenement applications of land under native title claim also utilised the review process to reach its conclusTitle Applications (92), aimed at expediting the processing of the backlog of mineral tenement applications of land under native title claim also utilised the review process to reach its Applications (92), aimed at expediting the processing of the backlog of mineral tenement applications of land under native title claim also utilised the review process to reach its applications of land under native title claim also utilised the review process to reach its conclustitle claim also utilised the review process to reach its conclusions.

The court process, from application through to a hearing followed by a determination, has not proven to be a fruitful process for Indigenous people claiming native title.

The decision to accept an application on the Register of Native Title Claims (RNTC) depends on whether the application satisfies all of the conditions set out in sections 190B and 190C of the Native Title Act.

The applicant must be authorised by the native title claim group to make the application and «deal with matters arising in relation to it» on behalf of the claim group.

The Commonwealth participates in native title litigation either as a party with a property interest in the land affected by the claim, or as the administrator of the NTA with a policy interest in the Court's interpretation or application of the legislation to the claim before it.

A native title claim group can be described in a native title claimant application either by naming all the persons who are in the claim group or by describing the persons who are in the claim group.

Members of the native title claim group also must authorise the applicant to make the native title determination application and «to deal with matters arising in relation to it» on behalf of the group.

If the native title claimant application does not meet the conditions of the registration test, the applicant may seek either a reconsideration of the claim by the Tribunal or a review of the decision by the Federal Court.

Since the first native title claimant application was lodged by the Quandamooka Peoples in 1995, the process of resolving their native title required the claim group to decide who are the people in the native title claim group, who are the person or people that are the applicant, and negotiate with multiple parties about their native title rights and interests over North Stradbroke Island and some of the surrounding islands and waters of Morton Bay.

the amended application is accompanied by an affidavit sworn by the new applicant stating that the new applicant is authorised by the other persons in the native title claim group to deal with matters arising in relation to the application and stating the basis on which the new applicant is so authorised (see ss64 (5) and 190C (4)-RRB-[of the NTA].

Native title provides a platform for latent conflict to develop into lateral violence because completing a native title claimant application requires families, communities and organisations to meet to decide fundamental questions about their identity and where they fit within the native title claim group.

I have recently made public comment expressing concern about the length of time taken for the resolution of native title determination applications, including concern that this means that older members of claim groups are not living to see their native title recognised.

the matters to be considered under s. 190B, while relevant to the merits of a claim, are not the same as the matters to be determined by the Court when giving judgment on a native title determination application;

Limiting the application of the above amendments to proceedings that have commenced hearing after 1 January 2009 will therefore fail to capture a large number of active native title claims.

The current application of the Evidence Act, without exceptions to the hearsay and opinion rules, has been particularly problematic for Aboriginal and Torres Strait Islander peoples claiming native title.

Section 61 of the Native Title Act provides for native title applications to be made by a person or persons claiming to hold native title either alone or with otTitle Act provides for native title applications to be made by a person or persons claiming to hold native title either alone or with ottitle applications to be made by a person or persons claiming to hold native title either alone or with ottitle either alone or with others.

[16] For the sake of accuracy and consistency, it should be noted that a «native title claim group» is never a party to a native title application proceeding.

When notice of a native title claim is given, any person who, at the time the notice is given, holds a proprietary interest that is registered on a public register in relation to any of the area covered by the application has an automatic entitlement to become a party to the proceeding.

It is important to remember that the persons who are authorised by a native title claim group to make an application are not authorised merely to make the application, but also to «deal with matters arising in relation to» the application.

[33] National Native Title Tribunal, What kind of areas can be claimed in a native title applicaTitle Tribunal, What kind of areas can be claimed in a native title applicatitle application?

The first application claiming native title, which was on behalf of the Wajlen people, was filed in August 1994.

At one level, the decision in Kennedy is of limited relevance to other native title claims because of the particular circumstances of its being an unopposed non-claimant application.

Perhaps what is meant is «the applicant in any other proceeding to an application for a determination of native title in relation to any part of the area», if it is meant to cover those instances in which there are overlapping claims.

I support the intention of the proposed new s. 190A (1A)[item 71] which appears to exempt from the application of the registration test, previously registered native title claims amended because of a part - determination of the claim under new s. 87A (item 35).

That is, the people who brought the claims were not properly authorised to do so by the Indigenous people placed on the applications as the native title claimants.

Despite the status of the registration process as an administrative test only, these conditions require the Native Title Registrar to make an assessment of the factual basis for claimed native title [113] and to be satisfied that at least one member of the native title claim group «currently has or previously had a traditional physical connection with any part of the land or waters covered by the application&raTitle Registrar to make an assessment of the factual basis for claimed native title [113] and to be satisfied that at least one member of the native title claim group «currently has or previously had a traditional physical connection with any part of the land or waters covered by the application&ratitle [113] and to be satisfied that at least one member of the native title claim group «currently has or previously had a traditional physical connection with any part of the land or waters covered by the application&ratitle claim group «currently has or previously had a traditional physical connection with any part of the land or waters covered by the application».

The process by which native title applications are resolved — referred to as the claims resolution process in this report — was changed during 2007.

New provisions have been inserted in the Native Title Act enabling the Federal Court to dismiss applications that do not meet the merit conditions of the registration test (set out in Section 190B of the Native Title Act).72 The court is not compelled to dismiss these claims.

(a) the native title claim group defined in the application applies for a determination of native title rights and interests where the rights and interests are found to be possessed under laws acknowledged and customs observed by the native title claim group

A native title application on the Register of Native Title Claims must be referred for mediation by the Federal Ctitle application on the Register of Native Title Claims must be referred for mediation by the Federal CTitle Claims must be referred for mediation by the Federal Court.

A native title claimant application that does not meet the conditions of the registration test creates an opportunity for non-Indigenous people and other community groups to question the legitimacy of the native title claim group.

These include increased legal and administrative costs in processing native title claims and Registered Aboriginal Party applications, delays to land dealings caused by uncertainty about who are the «right people for country», delays in native title and cultural heritage outcomes for Traditional Owners, and ongoing conflict and division in Indigenous communities.

In October 2002 the government, in response to its earlier commissioned review of the native title claim process in Western Australia released a document entitled Guidelines for the Provision of Evidentiary Material in Support of Applications for a Determination of Native Title (the «guidelines&raqtitle claim process in Western Australia released a document entitled Guidelines for the Provision of Evidentiary Material in Support of Applications for a Determination of Native Title (the «guidelines&raqTitle (the «guidelines»).

For native title applications in Victoria to be settled through mediation, agreement must be reached between the native title claimants and all other non-claimant parties about the merits of any single claim.

This initiative was one of the recommendations made by the Technical Taskforce on Mineral Tenements and Land Title Applications to expedite the processing of the backlog of mineral tenements applications on land under native title cTitle Applications to expedite the processing of the backlog of mineral tenements applications on land under native Applications to expedite the processing of the backlog of mineral tenements applications on land under native applications on land under native title ctitle claim.

The application of the tests for continuity, derived from Yorta Yorta v Victoria (Yorta Yorta)[27] has had a devastating effect on native title claims.

(c) the members of the native title claim group, by their laws and customs have a connection with the land or waters the subject of the application

The Native Title Act could provide that a person claiming that their interests are substantially affected must make an application to the Court before they can be joined as a party.