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NATIVE TITLE ACT 1993 - SECT 44A

Conditions for Subdivision to apply

             (1)  This Subdivision applies if the conditions in this section are met.

Person in claim group in respect of registered claim over non-exclusive agricultural or pastoral lease

             (2)  A person must be included in the native title claim group (see section 253) in relation to a claim:

                     (a)  for which there is an entry on the Register of Native Title Claims; and

Note:           Under paragraph 190(4)(d), entries on the Register must be removed when the application in question is withdrawn, dismissed or otherwise finalised.

                     (b)  that relates to any extent to an area that is covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease.

Access for traditional activities

             (3)  Either:

                     (a)  as at the end of 23 December 1996, the person included in the native title claim group must have regularly had physical access to the whole or part (the traditional access area ) of the area that is covered by both the claim and the lease for the purpose of carrying on one or more traditional activities (see subsection (4)) of the person; or

                     (b)  the person included in the native title claim group must be a descendant of a person who, as at 23 December 1996, regularly had such physical access.

Traditional activity

             (4)  A traditional activity is an activity of any of the following kinds, but only if it is carried on for traditional purposes of Aboriginal people or Torres Strait Islanders:

                     (a)  hunting, fishing, gathering or camping;

                     (b)  performing rites or other ceremonies;

                     (c)  visiting sites of significance.



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