NATIVE TITLE ACT 1993 - SECT 233 Future act

NATIVE TITLE ACT 1993 - SECT 233

Definition

  (1)   Subject to this section, an act is a future act in relation to land or waters if:

  (a)   either:

  (i)   it consists of the making, amendment or repeal of legislation and takes place on or after 1   July 1993; or

  (ii)   it is any other act that takes place on or after 1   January 1994; and

  (b)   it is not a past act; and

  (c)   apart from this Act, either:

  (i)   it validly affects native title in relation to the land or waters to any extent; or

  (ii)   the following apply:

  (A)   it is to any extent invalid; and

  (B)   it would be valid to that extent if any native title in relation to the land or waters did not exist; and

  (C)   if it were valid to that extent, it would affect the native title.

Validation and extinguishment legislation excluded

  (2)   If:

  (a)   the act consists of the making, amendment or repeal of legislation; and

  (b)   the act purports to:

  (i)   validate any past act or intermediate period act; or

  (ii)   extinguish native title, or extinguish native title rights and interests to an extent; and

  (c)   the act is done or permitted to be done by Division   2, 2A or 2B of Part   2;

subsection   (1) does not apply to the extent that the act purports to validate the act, or to extinguish the native title or the native title rights and interests.

Acts creating or affecting Aboriginal/Torres Strait Islander land or waters excluded

  (3)   Subsection   (1) does not apply to any of the following acts:

  (a)   an act that causes land or waters to be held by or for the benefit of Aboriginal peoples or Torres Strait Islanders under a law mentioned in the definition of Aboriginal/Torres Strait Islander land or waters in section   253;

  (b)   any act affecting Aboriginal/Torres Strait Islander land or waters.