What is notification?
The Native Title Registrar informs the public, that a native title application has been made. This is done by placing a public notice in the Koori Mail, and local newspaper for the area of the claim.
These notices contain the following information.
- the notification date (the start date for the three month notice period)
- a date when the three month notice period ends
- details of the claim, such as the group making the claim and the geographical area covered by the claim
- whether or not the Registrar has accepted the claim for registration
- that Federal Court proceedings relating to the claim have begun and anyone wishing to become a respondent party to the claim must do so within the specified notification period
The Registrar also writes to any individual or body, such as the relevant State/Territory and local government authorities who hold an interest that may be affected by a determination of native title for the area.
During the three month notice period any persons or organisations who hold an interest, such as a licence, in the Crown land and/or water covered by an application, can apply to the Federal Court to be joined as a party to the application. They can do so by using the Federal Court’s Form 5. The Form 5 may be lodged in person at the Federal Court Registry, by post, by facsimile, by eLodgment or by email.
Please refer to the contact information at the bottom of the Federal Court’s Guide to completing the Form 5 and the eLodgment handout . To become a party after the three month notice period is completed, the Federal Court of Australia’s permission is required.
Persons who join as parties to a claim are joining proceedings before the Federal Court. All parties have a responsibility to participate in the proceedings when required, to comply with Federal Court orders affecting them and to maintain their knowledge of how a proceeding is progressing.
Persons who might hold native title rights and interests should note the following:under the Native Title Act 1993 there can be only one determination of native title for a particular area. If a person with native title rights and interests does not become a party to this application, there may be no other opportunity for the Federal Court, in making its determination, to take into account those native title rights and interests in relation to the area concerned.
If you have received a notification letter or need assistance in responding to a public notice in the media, please contact the case manager named in the notice.
- notification of a claim occurs at the start of the native title process
- notification is conducted to advise the public, individuals and organisations of the claim
- the Federal Court of Australia decides on the final list of respondent parties to a claim and the next step of the native title process
- Australian law protects existing interests in the land
- native title cannot be claimed over freehold land or over public works
Claims currently in notification
All claims currently in notification can be viewed on the Public notices page.