Concurrent proceedings
26A Concurrent proceedings
If a non-claimant application is made under this Act, and there is a concurrent claimant application under the Commonwealth Act (accepted before or after the non-claimant application is made)—
the non-claimant application under this Act is, to the extent that it relates to the same land as the claimant application, stayed while proceedings based on the claimant application continue; and
to the extent that the non-claimant application relates to land that becomes subject to a native title declaration under the Commonwealth
Act, is permanently stayed.
However if a native title declaration under the Commonwealth Act is varied or revoked, the application revives to the extent that it relates to land that ceases to be subject to the declaration.
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