Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993 - SECT 225

Determination of native title

                   A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area ) of land or waters and, if it does exist, a determination of:

                     (a)  who the persons, or each group of persons, holding the common or group rights comprising the native title are; and

                     (b)  the nature and extent of the native title rights and interests in relation to the determination area; and

                     (c)  the nature and extent of any other interests in relation to the determination area; and

                     (d)  the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and

                     (e)  to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease--whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.

Note:          The determination may deal with the matters in paragraphs (c) and (d) by referring to a particular kind or particular kinds of non-native title interests.



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