Mandandanji People #2 - National Native Title Tribunal

I consider that the description provides a reasonable level of certainty and is sufficient
to pass the requirements of s190B2.
Identification of the native title claim group:
190B3
The Registrar must be satisfied that:
(a)
The persons in the native title claim group are named in the application; or
(b)
Reasons for the Decision
The persons in that group are described sufficiently clearly so that it can be
ascertained whether any particular person is in that group.
An exhaustive list of names of the persons in the native title claim group is not provided
in the amended application. Consequently, the requirements of s.190B3(a) of the Act
are not met.
In the alternative, s.190B(3)(b) requires the Registrar to be satisfied that the persons in
the native title claim group are described sufficiently clearly so that it can be
ascertained whether any particular person is a member of the group.
The native title claim group is described at Attachment A of the amended application as
follows.
‘The native title claim group is defined as all those people who are descendants of
(names deleted).’
I have taken descendants to mean biological descendants.
The applicants state that (name deleted) and (name deleted) are both descendant from
(name deleted), also known by the Aboriginal name (name deleted).
Further details of the individuals and families who are the descendants of the apical
ancestors listed above are provided at paragraph 2 of Attachment A. At paragraph 3 of
Attachment A, a number of named individuals and their descendants are specifically
excluded from the native title claim group.
I am satisfied that the names provided for each apical ancestor are sufficient to identify
the relevant person, and therefore it is possible with inquiry to ascertain whether a
person is a descendant of one of those named.
With regard to the persons who have been excluded from the group, it is likewise
possible to ascertain whether a person is either one of those named or a descendant of
the named person.
I am satisfied that the overall description of the claim group is sufficiently clear to
ascertain whether any particular person is in the group.
The application passes this condition.
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