South Australian Consolidated Regulations

NATIVE TITLE (SOUTH AUSTRALIA) REGULATIONS 2001 - REG 9

9—Amendment of applications

        (1)         An application may be made at any time to amend an earlier application for a native title declaration, for variation of a native title declaration or for compensation for an act extinguishing or otherwise affecting native title in land.

        (2)         For example, the amendment may include contraction of the area of land in which native title is claimed, reduction of the scope of native title claimed, substitution of the registered representative of claimants or substitution or joinder of persons as applicants to the application.

        (3)         However, an application may not be amended to include an area of land that was not covered by the original application unless—

            (a)         the application is a claimant application; and

            (b)         the amendment includes an area of land covered by a claimant application or applications with which the application is combined.

        (4)         If an amendment includes the substitution of the registered representative of the claimants or the representative in a claim for compensation (see section 27A of the Act), the Registrar must be provided with an affidavit sworn by the new representative stating the factual basis on which it is asserted that the new representative is authorised to deal with matters arising in relation to the application on behalf of the Aboriginal group concerned.

        (5)         In the case of a claimant application, the fact that the Registrar is considering the claim does not prevent amendment of the application.

        (6)         In the case of an application recorded or noted on the State Native Title Register, the amendment must be noted on the register.