Commonwealth Numbered Acts

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NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 15

Effect of validation on native title
15.(1) If a past act is an act attributable to the Commonwealth:

   (a)  if it is a category A past act other than one to which subsection
        229(4) (which deals with public works) applies-the act extinguishes
        the native title concerned; and

   (b)  if it is a category A past act to which subsection 229(4) applies:

        (i)    in any case-the act extinguishes the native title in relation
               to the land or waters on which the public work concerned (on
               completion of its construction or establishment) was or is
               situated; and

        (ii)   if paragraph 229(4)(a) applies-the extinguishment is taken to
               have happened on 1 January 1994; and

   (c)  if it is a category B past act that is wholly or partly inconsistent
        with the continued existence, enjoyment or exercise of the
        native title rights and interests concerned-the act extinguishes the
        native title to the extent of the inconsistency; and

   (d)  if it is a category C past act or a category D past act-the
        non-extinguishment principle applies to the act.

(2) The extinguishment effected by this section does not by itself confer any
right to eject or remove any Aboriginal persons who reside on or who exercise
access over land or waters covered by a pastoral lease the grant, re-grant or
extension of which is validated by section 14. 


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