Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 229

Section defines expression

             (1)  This section defines the expression category A past act .

Grant of certain freehold estates

             (2)  A past act consisting of the grant of a freehold estate is a category A past act if:

                     (a)  either:

                              (i)  the grant was made before 1 January 1994 and the estate existed on 1 January 1994; or

                             (ii)  the grant was made on or after 1 January 1994 and it is a past act because subsection 228(3) (which deals with such things as the exercise of options) or 228(9) (which deals with other extensions etc. of earlier acts) applies; and

                     (b)  the grant is not:

                              (i)  a grant by the Crown in any capacity to the Crown, or to a statutory authority of the Crown, in any capacity; or

                             (ii)  a grant made by or under legislation that grants freehold estates only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

                            (iii)  a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders.

Grant of certain leases

             (3)  A past act consisting of the grant of:

                     (a)  a commercial lease, an agricultural lease, a pastoral lease or a residential lease; or

                     (b)  what is taken by subsection 245(3) (which deals with the dissection of mining leases into certain other leases) to be a separate lease in respect of land or waters mentioned in paragraph (a) of that subsection;

is a category A past act if:

                     (c)  either:

                              (i)  the grant was made before 1 January 1994 and the lease was in force on 1 January 1994; or

                             (ii)  the grant was made on or after 1 January 1994 and it is a past act because subsection 228(3) or (9) applies; and

                     (d)  the grant is not:

                              (i)  a grant by the Crown in any capacity to the Crown, or to a statutory authority of the Crown, in any capacity; or

                             (ii)  a grant made by or under legislation that grants leases only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

                            (iii)  a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

                            (iv)  a grant over land or waters that, on 1 January 1994, are Aboriginal/Torres Strait Islander land or waters.

Construction of public works

             (4)  A past act consisting of the construction or establishment of any public work is a category A past act if:

                     (a)  the work commenced to be constructed or established before 1 January 1994 and the construction or establishment had not been completed by that day; or

                     (b)  the work was constructed or established before 1 January 1994 and still existed on that day; or

                     (c)  the work was constructed or established on or after 1 January 1994 and the construction or establishment is a past act because subsection 228(9) applies.