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NATIVE TITLE ACT 1993 - SECT 249C Scheduled interest

NATIVE TITLE ACT 1993 - SECT 249C

Scheduled interest

  (1)   A Scheduled interest is:

  (a)   anything set out in Schedule   1, other than a mining lease or anything whose grant or vesting is covered by subsection   23B(9), (9A), (9B), (9C) or (10) (which provide that certain acts are not previous exclusive possession acts); or

  (b)   an interest, in relation to land or waters, of a type declared by a regulation for the purposes of this paragraph to be a Scheduled interest.

Regulations to cover single type of interest only

  (2)   A particular regulation only has effect for the purposes of paragraph   (1)(b) if it covers a single type of interest.

Regulations to cover exclusive possession interests only

  (3)   Before the Governor - General makes a regulation for the purposes of paragraph   (1)(b) declaring a particular interest to be a Scheduled interest, the Minister must be satisfied that the interest confers a right of exclusive possession that extinguishes all native title rights and interests over the land or waters concerned.