Mandandanji People #2 - National Native Title Tribunal

190C4(a)
and
190C4(b)
Certification and authorisation:
The Registrar must be satisfied that either of the following is the case:
(a)
(b)
the application has been certified under paragraph 202(4)(d) by each
representative Aboriginal/Torres Strait Islander body that could certify the
application in performing its functions under that Part; or
the applicant is a member of the native title claim group and is authorised to
make the application, and deal with matters arising in relation to it, by all the
other persons in the native title claim group.
The applicants have elected not to have this claim certified pursuant to S190C4(a), instead
they have elected to provide evidence of authorisation pursuant to S190C4(b).
190C5
Evidence of authorisation:
If the application has not been certified as mentioned in paragraph (4)(a), the
Registrar cannot be satisfied that the condition in subsection (4) has been satisfied
unless the application:
(a)
includes a statement to the effect that the requirement set out in paragraph
(4)(b) has been met; and
(b) briefly sets out the grounds on which the Registrar should consider that it has
been met.
Reasons for the Decision
In order to satisfy this condition there must be a statement that the applicant is a
member of the claim group and is authorised to make the application, and deal with
matters arising in relation to it, by all the other persons in the native title claim group.
Each of the applicants provides such a statement at Paragraph 4 of their affidavits
dated 9 September 1999, attached to the amended application, filed in the Federal
Court on 30 September 1999.
At paragraph 5 of their affidavits the applicants set out the grounds on which the
registrar should consider the requirements of 190C4(b) have been met. They state that
they were approved and authorised by the claim group to be applicants on behalf of the
Mandandanji people at a meeting of the Mandandanji traditional owners held on 29 and
30 April 1999.
Further information is provided at Attachment 1 and in the affidavit of (name deleted)
dated 23 September 1999 (at Attachment R). The minutes of the meeting of 29 and 30
April 1999, copies of the advertisements of the meeting and an attendance sheet are
provided at Attachment 1. These documents are marked LFT3, LFT2 and LFT1
respectively. At the meeting of 29 and 30 April 1999 a motion was moved and
unanimously carried that the meeting authorise the nine applicants to be the
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