Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993 - SECT 230

Category B past act

                   A category B past act is a past act consisting of the grant of a lease where:

                     (a)  the grant is not a category A past act; and

                     (b)  the lease is not a mining lease; and

                     (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) (which deals with such things as the exercise of options) or (9) (which deals with other extensions etc. of earlier acts) 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.



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