The registration test is a set of conditions applied by the Native Title Registrar (or a delegate) to claims made in an application for a determination of native title. The conditions of the test are set out in section 190B and 190C of the Native Title Act 1993 (Cwlth).
When a claim meets the conditions of the registration test, it is entered on the Register of Native Title Claims. The applicants gain rights upon registration, such as having a say about certain proposed developments (future acts) in the application area.
Where a claim made in an application does not meet the merit conditions of the registration test, the Federal Court may, in certain circumstances, dismiss the application.
If a claim is not accepted for registration in some cases the applicant may apply to the National Native Title Tribunal for reconsideration of the claim made in the application.
In these circumstances a member of the Tribunal will be appointed to apply the same set of conditions to the claim made in the application. The member may also consider any other appropriate information, including further information supplied by the applicant. If the member decides the claim meets the conditions of the registration test, the Registrar will enter it onto the Register of Native Title Claims.
This section provides information about all registration test and reconsideration decisions, which you can browse or search.
What is the registration test?
The registration test is a set of conditions applied to an application for a native title claim. The application must satisfy all the conditions of the test to get registered. If successful, the claimants gain the right to negotiate, the right to oppose non-claimant applications, and certain other procedural rights while their claim is pending.
Information about reconsideration of the registration test
The Native Title Act 1993 was recently amended. It is now possible for certain applicants to apply to the Tribunal for it to reconsider their claims.
Application for reconsideration of claims for registration
An applicant whose claim was not accepted for registration by the Registrar or the Registrar’s delegate, may apply to the National Native Title Tribunal to reconsider the claim for registration