Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 28

28.(1) The act is only valid if:

   (a)  by the end of the period of 2 months starting when notice is given
        under section 29, there is no native title party in relation to any of
        the land or waters that will be affected by the act; or

   (b)  subsection 32(2) (which applies where no objection is made after the
        giving of a notice that the act attracts the expedited procedure)
        allows the act to be done; or

   (c)  a determination is made under subsection 32(4) that the act is an act
        attracting the expedited procedure; or

   (d)  a copy of an agreement that the act may be done, or may be done
        subject to conditions being complied with, is given to the
        arbitral body under section 34; or

   (e)  a determination is made under section 38 that the act may be done, or
        may be done subject to conditions being complied with; or

   (f)  a determination that the act must not be done is declared to be
        overruled in accordance with section 42. Breach of undertaking to
        trustee

(2) Even if any of paragraphs (1)(b) to (f) is complied with, the act is
nevertheless invalid if:

   (a)  a trustee who is holding compensation under this Subdivision in
        respect of the act is informed by the Government party as mentioned in
        paragraph 52(1)(b) that it no longer proposes to do the act; and

   (b)  the Government party does the act without again complying with the
        requirements of this Subdivision.