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NATIVE TITLE ACT 1993 - SECT 26

When Subdivision applies

Subdivision applies to certain permissible lease etc. renewals

          (1A)  This Subdivision applies to a future act if:

                     (a)  section 24IC (which deals with permissible lease etc. renewals) applies to the act; and

                     (b)  the act is done by the Commonwealth, a State or a Territory (the Government party ); and

                     (c)  the renewal, re-grant, re-making or extension of the term of the lease, licence, permit or authority concerned creates a right to mine.

Subdivision also applies to certain future acts

             (1)  This Subdivision also applies to a future act if:

                     (a)  Subdivision M (which deals with acts that pass the freehold test) applies to the act; and

Note:           That Subdivision only applies to an act to the extent that the act relates to an onshore place: see section 24MC.

                     (b)  the act is done by the Commonwealth, a State or a Territory (the Government party ); and

                     (c)  subject to this section, the act is:

                              (i)  the creation of a right to mine, whether by the grant of a mining lease or otherwise, except one created for the sole purpose of the construction of an infrastructure facility (see section 253) associated with mining; or

Note:           Rights to mine created for the sole purpose of the construction of an infrastructure facility associated with mining are dealt with in subsection 24MD(6B).

                             (ii)  the variation of such a right, to extend the area to which it relates; or

                            (iii)  the compulsory acquisition of native title rights and interests, unless:

                                        (A)  the purpose of the acquisition is to confer rights or interests in relation to the land or waters concerned on the Government party and the Government party makes a statement in writing to that effect before the acquisition takes place; or

                                        (B)  the purpose of the acquisition is to provide an infrastructure facility; or

Note:           Certain compulsory acquisitions covered by sub-subparagraphs(iii)(A) and (B) are dealt with in subsection 24MD(6B).

                            (iv)  any other act approved by the Commonwealth Minister, by legislative instrument, for the purposes of this paragraph, where, if the act is attributable to a State or Territory, the Commonwealth Minister consulted the State Minister or the Territory Minister about the approval before giving it.

Exclusions

             (2)  This Subdivision does not apply to the extent that the act is:

                     (a)  an act covered by section 24EB (which deals with the effects of indigenous land use agreements) or by any of the sections listed in paragraphs 24AA(4)(a) to (i); or

                     (b)  an act determined, by legislative instrument, by the Commonwealth Minister to be an approved exploration etc. act (see section 26A); or

                     (c)  an act determined, by legislative instrument, by the Commonwealth Minister to be an approved gold or tin mining act (see section 26B); or

                     (d)  an act excluded by section 26C (which deals with opal or gem mining) from the coverage of this Subdivision; or

                     (e)  an act excluded by section 26D (which deals with renewals of valid mining leases etc.) from the coverage of this Subdivision; or

                      (f)  an act that is the compulsory acquisition of native title rights and interests and that relates solely to land or waters wholly within a town or city (see section 251C).

Note:          Under sections 43 and 43A, a State or Territory may, in certain circumstances, make alternative provisions to the regime provided for by this Subdivision.

Sea and intertidal zone excluded

             (3)  This Subdivision only applies to the act to the extent that the act relates to a place that is on the landward side of the mean high-water mark of the sea. A reference to an act to which this Subdivision applies is to be read as referring to the act to that extent only.



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