Torres Strait Islander Cultural Heritage Act 2003

A native title party for an area is a Torres Strait Islander party for the area.

Subsection (3) applies to a native title party for an area who—

is or was a registered native title claimant; or

is the native title claim group who authorised a person who is no longer alive, but who was a registered native title claimant, to make a native title determination application.

The native title party is a Torres Strait Islander party for the whole area included within the outer boundaries of the area in relation to which the application was made under the Commonwealth Native Title Act for a determination of native title, regardless of the nature and extent of the claimant’s claims in relation to any particular part of the whole area.

Subsection (5) applies to a native title party for an area who is or was a registered native title holder the subject of a determination of native title under the Commonwealth Native Title Act.

The native title party is a Torres Strait Islander party for the whole area included within the outer boundaries of the area in relation to which the application for the determination was made, regardless of the extent to which native title was found to exist in relation to any particular part of the whole area.

However, a native title party to whom subsection (5) applies is not a Torres Strait Islander party for a part of the area if—

native title was not found to exist in relation to the part; and

there is a registered native title claimant for the part.

If there is no native title party for an area, a person is a Torres Strait Islander party for the area if—

the person is a Torres Strait Islander with particular knowledge about traditions, observances, customs or beliefs associated with the area; and

the person—

has responsibility under Island custom for some or all of the area, or for significant Torres Strait Islander objects located or originating in the area; or

is a member of a family or clan group that is recognised as having responsibility under Island custom for some or all of the area, or for significant Torres Strait Islander objects located or originating in the area.