NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 23 Permissible future acts Coverage of section

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 23

23.(1) This section applies if an act is a permissible future act, other than
one to which section 24 or 25 applies. Validation of act

(2) Subject to Subdivision B (which deals with the right to negotiate), the
act is valid. Extinguishment of native title by compulsory acquisition

(3) If the act is the acquisition, under a Compulsory Acquisition Act, of the
whole or part of any native title rights and interests:

   (a)  the non-extinguishment principle applies to the acquisition; and

   (b)  nothing in this Act prevents any act that is done in giving effect to
        the purpose of the acquisition from extinguishing the native title
        rights and interests; and

   (c)  if the Compulsory Acquisition Act does not provide for compensation on
        just terms to the native title holders for the acquisition, they are
        entitled to compensation for the acquisition in accordance with
        Division 5. Note: Subdivision B (which deals with the right to
        negotiate) applies to some acquisitions under Compulsory Acquisition
        Acts. Non-extinguishment and compensation

(4) In the case of any other act to which this section applies:

   (a)  the non-extinguishment principle applies to the act; and

   (b)  either:

        (i)    the native title concerned relates to an offshore place and the
               act is not a low impact future act; or

        (ii)   the native title concerned relates to an onshore place and the
               following conditions are satisfied:

                (A)  the act is not a low impact future act; and

                (B)  the similar compensable interest test is satisfied in
                     relation to the act; and

                (C)  the law mentioned in section 240 (which defines

"similar compensable interest test") does not provide for compensation to the
native title holders for the act; the native title holders are entitled to
compensation for the act in accordance with Division 5. Who pays compensation

(5) The native title holders may recover the compensation from:

   (a)  if the act is attributable to the Commonwealth:

        (i)    if a law of the Commonwealth provides, in the case of an act
               consisting of the doing of any thing at the request of a
               person, that the person is liable to pay the compensation-the
               person; or

        (ii)   if not-the Crown in right of the Commonwealth; or

   (b)  if the act is attributable to a State or Territory:

        (i)    if a law of the State or Territory provides, in the case of an
               act consisting of the doing of any thing at the request of a
               person, that the person is liable to pay the compensation-the
               person; or

        (ii)   if not-the Crown in right of the State or Territory.
               Procedural rights

(6) In the case of any act to which this section applies (other than a low
impact future act or one to which Subdivision B applies), the native title
holders have the same procedural rights as they would have in relation to the
act on the assumption that they instead held:

   (a)  to the extent that the act is in relation to an onshore place-ordinary
        title to any land concerned and to the land adjoining, or surrounding,
        any waters concerned; or

   (b)  to the extent that the act is in relation to an offshore place-any
        corresponding rights and interests in relation to the offshore place
        that are not native title rights and interests. Satisfying the right
        to be notified

(7) If:

   (a)  because of subsection (6) or any law of the Commonwealth, a State or a
        Territory, the native title holders have a procedural right that
        requires another person to notify them of the act; and

   (b)  there has been no approved determination of the native title; then one
        way in which the person may give the required notification is by doing
        all of the following:

   (c)  notifying, in the way determined in writing by the
        Commonwealth Minister for the purposes of this paragraph, any
        representative Aboriginal/Torres Strait Islander bodies for the area
        concerned that the act is to take place;

   (d)  notifying, in the way determined in writing by the
        Commonwealth Minister for the purposes of this paragraph, any occupier
        of any land concerned that the act is to take place;

   (e)  placing notices, in the way determined in writing by the Commonwealth
        Minister for the purposes of this paragraph, on any land concerned,
        advising that the act is to take place;

   (f)  notifying the public in the determined way (see section 252) that the
        act is to take place.