Native Title Act 1993

This section applies to proceedings in relation to applications to which section 61 applies.

The applicant is a party to the proceedings.

Another person is a party to the proceedings if:

any of the following applies:

the person is covered by any of subparagraphs 66(3)(a)(i) to (vi);

the person claims to hold native title in relation to land or waters in the area covered by the application;

the person’s interest, in relation to land or waters, may be affected by a determination in the proceedings; and

the person notifies the Federal Court, in writing, that the person wants to be a party to the proceeding:

within the period specified in the notice under section 66; or

if notice of an amended application is given under paragraph 66A(1)(f) or (1A)(e)—within the period specified in the notice under that paragraph.

If any of the area covered by the application is within the jurisdictional limits of a State or Territory, the State Minister or Territory Minister for the State or Territory is a party to the proceedings unless the Minister gives the Federal Court written notice, within the period specified in the notice under section 66, that the Minister does not want to be a party.

The Federal Court may at any time join any person as a party to the proceedings, if the Court is satisfied that the person’s interests may be affected by a determination in the proceedings and it is in the interests of justice to do so.

If:

a person wants to become a party to the proceedings; and

the Federal Court is satisfied that the person’s interests may be affected by a determination in the proceedings merely because the person has a public right of access over, or use of, any of the area covered by the application;

may make appropriate orders to ensure that the person’s interests are properly represented in the proceedings; but

need not allow more than one such person to become a party to the proceedings in relation to each area covered by such a public right of access or use.

In addition to any other rights to withdraw from the proceedings, any party to the proceedings, other than the applicant, may, at any time before the first hearing of the proceedings starts, cease to be a party by giving written notice to the Court.

In determining, for the purposes of subsection (6), when the first hearing of the proceedings starts, disregard directions hearings.

In addition to any other rights to withdraw from the proceedings, any party to the proceedings, other than the applicant, may, with the leave of the Federal Court, cease to be a party.

The Federal Court may at any time order that a person, other than the applicant, cease to be a party to the proceedings.

The Federal Court is to consider making an order under subsection (8) in respect of a person who is a party to the proceedings if the Court is satisfied that:

the following apply:

the person’s interests may be affected by a determination in the proceedings merely because the person has a public right of access over, or use of, any of the area covered by the application; and

the person’s interests are properly represented in the proceedings by another party; or

the person never had, or no longer has, interests that may be affected by a determination in the proceedings.