Recommendations

Recommendation 1

3.79    The committee recommends that proposed subparagraph 87A(1)(c)(v) require consent from a party, with an interest in relation to land and waters in the determination area, where the Federal Court is satisfied that the interest is likely to be affected by the proposed determination.

Recommendation 2

3.80    The committee recommends that proposed section 190F be amended to clarify that an applicant may not apply to the Federal Court for review of the Native Title Registrar's decision not to accept a claim while the National Native Title Tribunal is reconsidering the claim under proposed section 190E.

Recommendation 3

3.81    The committee recommends that proposed section 190E be amended to provide that reconsideration of the Native Title Registrar's decision not to accept a claim should be carried out by a Member of the National Native Title Tribunal.

Recommendation 4

3.82    The committee recommends that the Australian Government consider amending the Bill to provide a separate, simplified process for the removal of an applicant who consents to removal, or who is deceased or incapacitated, where there is no requirement to replace that applicant.

Recommendation 5

3.83    The committee recommends that drafting errors in items 88, 123 and 138 of Schedule 1 of the Bill and section 94C of the Native Title Act be rectified.

Recommendation 6

3.84    Subject to the preceding recommendations, the committee recommends that the Senate pass the Bill.

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