Amendment of applications
64 Amendment of applications
Application may be amended to reduce land or waters covered
An application may at any time be amended to reduce the area of land or waters covered by the application. (This subsection does not, by implication, limit the amendment of applications in any other way.)
If such an amendment is made, the Court may make an appropriate costs order under section 85A.
Amendments taken to have been made in certain cases
An application is taken to have been amended to reduce the area of land or waters covered by the application if an order is made under section 87A by the Federal Court. The area of land or waters is reduced by the area in relation to which the order is made.
Subsection (1B) does not, by implication, limit the amendment of applications in any other way.
Amendment not to result in inclusion of additional areas
An amendment of an application must not result in the inclusion of any area of land or waters that was not covered by the original application.
The Federal Court Rules provide for the amendment of applications.
Exceptions to subsection (1)
However, if:
the application is a claimant application (see section 253); and
the amendment combines the application with another claimant application or claimant applications;
subsection (1) does not prevent the inclusion of any area of land or waters covered by the other application or applications.
In addition, subsection (1) does not prevent an amendment that results in the inclusion of any area of land or waters that was not covered by the original application, if the operation of section 47C has been agreed to in writing in accordance with paragraph 47C(1)(b) in relation to the area after the making of the original application.
Application may be amended despite current action by Registrar or Federal Court
In the case of a claimant application, the fact that:
the Registrar is, under section 190A, considering the claim made in the application; or
the NNTT is, under section 190E, reconsidering the claim made in the application; or
the Federal Court is, on the application of the applicant under subsection 190F(1), reviewing the decision of the Registrar in relation to the claim;
does not prevent amendment of the application.
Federal Court Chief Executive Officer to give copy of amended application to Native Title Registrar
If an application is amended, the Federal Court Chief Executive Officer must, as soon as practicable, give a copy of the amended application to the Native Title Registrar.
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