The Registration Test is a set of conditions applied to a Native Title Determination Application by the Registrar of the National Native Title Tribunal.
A Native Title application must satisfy the conditions of the Registration Test in order for the claimants to get certain rights, such as having a say about proposed developments in the claim area.
Registration means that the claimants gain the right to negotiate and other rights while their claim is in the application stage. Registration does not give applicants the right to stop projects going ahead, it means that they may have a say about some proposed developments.
In order to pass the Registration Test, information must be provided to the National Native Title Tribunal which satisfies the following criteria:
- Description of the Claim Group Criteria: the description of the claimant group must make it clear who is in the claim and who is not
- Definition of the Claim Area Criteria: the description of the claim area must be specific about what land and waters are claimed
- Description of Native Title Rights and Interests Criteria: A listing of these right and interests
- List of Activities Currently Carried Out Criteria: A listing of these activities
- Prima Facie Evidence and the Factual Basis of the Claim Criteria: Evidence must be supplied that there is a factual basis for the claim
- Traditional Physical Connection Criteria: At least one living member of the claimant group must have had a traditional physical connection to some part of the claim area. The member must have engaged in a traditional activity within the claim area.
- Authorisation and Certification
What If The Claim Does Not Satisfy The Registration Test?
If the claim does not satisfy the Registration Test conditions, the claimants can appeal against the decision or they can change or amend their application so that the test can be applied again.
If the claim does not satisfy the Registration Test conditions the claimants can still pursue a determination of Native Title, but it means that they will not have the right to negotiate with developers or governments while their application is pending.