NATIVE TITLE ACT 1994 - SECT 8 Extinguishment of native title

NATIVE TITLE ACT 1994 - SECT 8

    (1)     A category A past act attributable to the Territory, other than an act to which the Commonwealth Native Title Act

, section 229 (4) applies, extinguishes the native title concerned.

    (2)     A category A past act attributable to the Territory to which the Commonwealth Native Title Act

, section 229 (4) applies—

        (a)     in any case—extinguishes the native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated; and

        (b)     if that Act, section 229 (4) (a) applies—is to be taken to have extinguished that native title on 1 January 1994.

    (3)     A category B past act attributable to the Territory that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned extinguishes the native title to the extent of the inconsistency.

    (4)     The non-extinguishment principle applies to a category C past act, or a category D past act, that is attributable to the Territory.

    (5)     The extinguishment effected by this section does not by itself give any right to eject or remove any Aboriginal persons who reside on or who exercise access over land or waters covered by a pastoral lease the grant, regrant or extension of which is validated by section 7.