Commonwealth Consolidated Acts

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Primary production etc. activities on non-exclusive agricultural or pastoral leases

             (1)  This section applies to an activity 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 activity is the carrying on, after 23 December 1996 and while the lease (including as renewed on one or more occasions) is in force, of any of the following:

                              (i)  a primary production activity 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

                     (d)  at some time before 31 March 1998, the activity could have been done under any legislation then in force, or under any lease, licence, permit or authority that could have then been issued, in relation to the area covered by the lease, if any native title in relation to the area covered by the lease had not then existed.

Activities prevail over native title etc.

             (2)  To avoid doubt:

                     (a)  the doing of any activity mentioned in paragraph (1)(c) prevails over any native title rights and interests and any exercise of those rights and interests, but does not extinguish them; and

                     (b)  the existence and exercise of native title rights and interests do not prevent the carrying on of any such activity.

Note:          This subsection is not intended to imply that the person carrying on the activity is not subject to the laws of a State or Territory.


             (3)  Native title holders are not entitled to compensation under this Act for the carrying on of the activity.

Note:          Any compensation to which the native title holders may be entitled under this Act for the grant of the lease, or other authority for the doing of the activity, may take into account the doing of the activity.

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