French J
This case involved an attempt by the South West Aboriginal Land and Sea Council to alter the named applicants under s 64 of the Native Title Act 1993 (Cth) to combine all of the applications into one claim covering the bulk of the South West area. They raise, in each case, questions about whether the proposed changes have been authorised by the native title claim group defined in the application. In reaching its decision the Court noted that s 64 specifically authorises the amendment of applications to reduce the area of land or waters covered by them. Such amendments, however, must not result in the inclusion of any area of land or waters not covered by the original application (s 64(1)).
Section 64(2) permits combined applications to provide for the inclusion of one application of an area of land or waters covered by another. French J noted at [45] that ‘for each of the applications there is a defined native title claim group which is set out earlier in these reasons. The connection between those who attended the various meetings referred to and the respective native title claim groups was not established either in respect of notification nor, more importantly, in respect of attendance. The advertisements and notices did not refer to the relevant native title claim groups except by use of the generic title of the applications in question. The membership of the native title claim group by those who attended each meeting was not demonstrated. Rather it was reported as an asserted self-identification.’