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Unformatted text preview: conditions contained in s 190B are termed ‘merits’ conditions, while those contained in s 190C
are termed ‘procedural and other’ conditions. The Registrar of the Federal Court must be satisfied that
each of these conditions is met, and this is the responsibility of a case manager. The recommendations
made by the case manager will be provided to the Registrar in two documents, a ‘Registration Test
Minute’ and a ‘Reasons for Recommendations’, and will constitute the substance of the statement of
reasons for the decision if the Registrar agrees with them. Once the Registrar has considered the application and relevant information, they will make the registration test decision.
Conditions of the registration test against which each application must be considered include:
• Has the claimant identified the area subject to native title with reasonable certainty (s 190B(2))?
• Does the application identify the native title claim groups (s 190B(3))?
• Are the native title rights and interests claimed by the applicant able to be readily identified
(s 190B(4))—for example, through use, occupation, possession or enjoyment?
• Is the factual basis on which it is asserted that the native title rights and interests claimed exist
sufficient to support the assertion (s 190B(5))? This condition of the registration test requires proof
of three matters:
– that the factual basis supports the assertion that the native title claim group, and their
predecessors, had an...
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