Barunggam People - National Native Title Tribunal

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National Native Title TribunalB. Procedural Conditions190C2Information, etc, required by section 61 and section 62:The Registrar must be satisfied that the application contains all details and otherinformation, and is accompanied by any affidavit or other document, required bysections 61 and 62.The following relevant documents have been extracted from the File Index of materialthat has been reviewed for this application.Fol Date Description Cat Probity, WeightA1 27/1/99 Form 1Application(includingattachments and affidavitspursuant to s.62(1)B35 26/2/99 Form 1 AmendedApplication andattachments (includingapplicants’ affidavitspursuant to s.62(1)B14a23/2/99 Letter (applicant B – namedeleted) to Tribunal reauthorisation processDetails required in section 6161(3) Name and address for service of applicant(s)Reasons relating to this subconditionThe requisite details have been provided.The application passes this condition.MMMHighHighHigh61(4)Names persons in native title claim group or otherwise describes the persons sothat it can be ascertained whether any particular person is one of those personsReasons relating to this subconditionFor the reasons which led to my conclusion that the requirements for s.190B(3) weremet it is my opinion that the persons in the native title claim group are describedsufficiently clearly so that it can be ascertained whether any particular person is in thatgroup.The application passes this condition.Reasons for Recommendation (Page20 of 28)
National Native Title Tribunal61(5)Application is in the prescribed form, lodged in the Federal Court, containprescribed information, and accompanied by prescribed documents and feeReasons relating to this sub-conditionThe application filed 27 January 1999, and the amended application filed 26 February1999 are in the prescribed form, contain the required information and are accompaniedby the required affidavits. An exemption was granted with respect to the payment of afiling fee.The application passes this condition.Details required in section 62(1)62(1)(a)Affidavits address matters required by s62(1)(a)(i) – s62(1)(a)(v)Reasons relating to this subconditionEach of the applicants has sworn an affidavit that addresses the required matters insection 62(1)(a)(i)-(v). Each of the applicants, save for Steven Warner, filed an affidavitappropriately sworn in respect of the original application, addressing each of the 5matters required by the Act. Each of the applicants, including Steven Warner, then filedan additional affidavit in support of the amended application filed on 26 February 1999.The only affidavit of those filed in support of the amended application that did notaddress all the required matters was that of Rosemary Bell. Her second affidavit did notcontain the details required by s 62(1)(a)(v). However her first affidavit did contain thisinformation.The application passes this condition.62(1)(c)Details of physical connection (information not mandatory)Comment on details providedThe applicants have provided detail as to traditional physical connection at Schedule Mof the application and in the affidavit of (applicant B – name deleted) (Appendix toAttachment M).Details required in section 62(2) by section 62(1)(b)62(2)(a)(i)Information identifying the boundaries of the area coveredReasons relating to this subconditionFor the reasons which led to my conclusion that the requirements of s.190B(2) havebeen met, I am of the opinion that the information and maps provided by the applicantsare sufficient to enable the area covered by the application to be identified withreasonable certainty.The application passes this condition.Reasons for Recommendation (Page21 of 28)
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Barunggam People - National Native Title Tribunal

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