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NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 235 Permissible future act Definition

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 235

Permissible future act Definition
235.(1) This section defines "permissible future act". Legislative acts in
relation to onshore places
(2) A future act in relation to an onshore place is a "permissible future act"
if it is the making, amendment or repeal of legislation and:

   (a)  the act applies in the same way to the native title holders concerned
        as it would if they instead held ordinary title to the land (or to the
        land adjoining, or surrounding, the waters) affected; or

   (b)  the effect of the act on the native title in relation to the land or
        the waters is not such as to cause the native title holders to be in a
        more disadvantageous position at law than they would be if they
        instead held ordinary title to the land (or to the land adjoining, or
        surrounding, the waters). Example for purposes of paragraph
        (2)(a)-equally affecting all title

(3) An example of a future act covered by paragraph (2)(a) is the making of
legislation that permits mining on land in respect of which there is either
native title or ordinary title. Example for purposes of paragraph
(2)(b)-bringing native title into line with ordinary title

(4) An example of a future act covered by paragraph (2)(b) is the amendment of
legislation that permits mining on land that is subject to ordinary title so
that it will also permit mining, on the same terms, on land in relation to
which native title exists. Non-legislative acts in relation to onshore places
(5) A future act in relation to an onshore place is also a "permissible future
act" if:

   (a)  it is an act other than the making, amendment or repeal of
        legislation; and

   (b)  either:

        (i)    the act could be done in relation to the land concerned if the
               native title holders concerned instead held ordinary title to
               it; or

        (ii)   the act could be done in relation to the waters concerned if
               the native title holders concerned held ordinary title to the
               land adjoining, or surrounding, the waters. Example for
               purposes of subsection (5)

(6) An example of a future act covered by subsection (5) is the grant of a
mining lease over land in relation to which there is native title when a
mining lease would also be able to be granted over the land if the native
title holders instead held ordinary title to it. Renewals, re-grants or
extensions of certain leases
(7) A future act is also a "permissible future act" if:

   (a)  it is:

        (i)    the renewal; or

        (ii)   the re-grant; or

        (iii)  the extension of the term; of a commercial, agricultural,
               pastoral or residential lease; and

   (b)  the renewal, re-grant or extension takes effect at the end of the term
        of the lease, or at the time of any earlier termination of the lease;
        and

   (c)  the act does not:

        (i)    create a proprietary interest where the lease previously
               created only a non-proprietary interest; or

        (ii)   create a larger proprietary interest than was previously
               created by the lease; and

   (d)  if the lease contains a reservation or condition for the benefit of
        Aboriginal peoples or Torres Strait Islanders-the renewed, re-granted
        or extended lease contains the same reservation or condition. Other
        future permissible acts
(8) Any of the following is also a "permissible future act":

   (a)  a future act in relation to an offshore place;

   (b)  a low impact future act;

   (c)  an agreement covered by section 21 or a future act authorised by such
        an agreement.