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NATIVE TITLE ACT 1993 - SECT 24GB

Acts permitting primary production on non-exclusive agricultural and pastoral leases

             (1)  This section applies to a future act if:

                     (a)  a non-exclusive agricultural lease (see section 247B) or non-exclusive pastoral lease (see section 248B) was granted on or before 23 December 1996; and

                     (b)  the grant was valid (including because of Division 2 or 2A); and

Note:           As at the commencement of this section, grants before 1 January 1994 that were invalid because of native title have been validated by or under Division 2.

                     (c)  the future act takes place after 23 December 1996; and

                     (d)  the future act permits or requires the carrying on of any of the following while the lease (including as renewed on one or more occasions) is in force:

                              (i)  a primary production activity (see section 24GA) on the area covered by the lease; or

                             (ii)  another activity, on the area covered by the lease, that is associated with or incidental to a primary production activity covered by subparagraph (i), provided that, when the other activity is being carried on, the majority of the area covered by the lease is used for primary production activities; and

                     (e)  the future act could have been validly done or authorised at some time before 31 March 1998, if any native title in relation to the area covered by the lease had not then existed.

Note:          For the renewal, re-grant, re-making or extension of certain acts covered by this section, see Subdivision I.

Farm tourism included

             (2)  This section applies to a future act that:

                     (a)  takes place after 23 December 1996; and

                     (b)  permits or requires a farm tourism activity in the area covered by a lease meeting the requirements of paragraphs (1)(a) and (b) while the lease is in force (including as renewed on one or more occasions).

Exception to subsection (2)

             (3)  However, this section does not apply to a future act permitting or requiring farm tourism if the act permits or requires tourism that involves observing activities or cultural works of Aboriginal peoples or Torres Strait Islanders.

Certain acts not covered

             (4)  This section does not apply to a future act if:

                     (a)  where the lease covered by paragraph (1)(a) is a non-exclusive pastoral lease covering an area greater than 5,000 hectares--the act has the effect that the majority of the area covered by the lease is required or permitted to be used for purposes other than pastoral purposes; or

                     (b)  in any case--the act converts a lease covered by paragraph (1)(a) into a lease conferring a right of exclusive possession, or into a freehold estate, over any of the land or waters covered by the lease.

Note:           If such an act is done in exercise of a legally conferred right, it could be covered by section 24ID. A lease conferring such rights or a freehold estate could be granted after a compulsory acquisition of native title under section 24MD or under certain indigenous land use agreements.

Validation of act

             (5)  If this section applies to a future act, the act is valid.

Non-extinguishment principle

             (6)  The non-extinguishment principle applies to the act.

Compensation

             (7)  The native title holders concerned are entitled to compensation for the act in accordance with Division 5.

Who pays compensation

             (8)  The compensation is payable by:

                     (a)  if the act is attributable to the Commonwealth--the Crown in right of the Commonwealth; or

                     (b)  if the act is attributable to a State or Territory--the Crown in right of the State or Territory.

Notification

             (9)  If:

                     (a)  the primary production activity mentioned in subparagraph (1)(d)(i) or (ii) is forest operations, a horticultural activity or an aquacultural activity; or

                     (b)  the lease mentioned in paragraph (1)(a) is a non-exclusive pastoral lease and the primary production activity mentioned in subparagraph (1)(d)(i) or (ii) is an agricultural activity;

before the future act is done, the person proposing to do the act must:

                     (c)  notify, in the way determined, by legislative instrument, by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters covered by the non-exclusive agricultural lease or non-exclusive pastoral lease that the act, or acts of that class, are to be done in relation to the particular land or waters; and

                     (d)  give them an opportunity to comment on the act or class of acts.



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