NATIVE TITLE ACT 1993 - SECT 23F Previous non - exclusive possession act
NATIVE TITLE ACT 1993 - SECT 23F
Previous non - exclusive possession act(1) This section defines previous non - exclusive possession act .
(2) An act is a previous non - exclusive possession act if:
(a) it is valid (including because of Division 2 or 2A of Part 2); and
Note: As at the commencement of this section, acts such as grants before 1 January 1994 that were invalid because of native title have been validated by or under Division 2.
(b) it takes place on or before 23 December 1996; and
(c) it consists of the grant of a non - exclusive agricultural lease (see section 247B) or a non - exclusive pastoral lease (see section 248B).
(3) An act is also a previous non - exclusive possession act if:
(a) it takes place after 23 December 1996; and
(b) it would be a previous non - exclusive possession act under subsection (2) if that subsection were not limited in its application to acts taking place on or before 23 December 1996; and
(i) in exercise of a legally enforceable right created by any act done on or before 23 December 1996; or
(ii) in good faith in giving effect to, or otherwise because of, an offer, commitment, arrangement or undertaking made or given in good faith on or before 23 December 1996, and of which there is written evidence created at or about the time the offer, commitment, arrangement or undertaking was made.
(4) The regulations may provide that an act is not a previous
non - exclusive possession act .