Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 47

47.(1) This section applies if:

   (a)  an application under section 61 is made in relation to an area; and

   (b)  when the application is made, a pastoral lease is held over the area
        by:

        (i)    any of the persons who made the application claiming to hold
               the native title or any other persons with whom they claimed to
               hold the title; or

        (ii)   a trustee, on trust for any of those persons; or

        (iii)  a company whose only shareholders are any of those persons.
               Prior extinguishment to be disregarded

(2) For all purposes under this Act in relation to the application, any
extinguishment of the native title rights and interests by any of the
following acts must be disregarded:

   (a)  the grant of the lease itself;

   (b)  the creation of any other interest itself in relation to the area;

   (c)  the doing of any act under the lease or by virtue of holding the
        interest. Note: The applicant will still need to show the existence of
        any connection with the land or waters concerned that may be required
        by the common law concept of native title. Effect of determination

(3) If the determination on the application is that the native title exists
and is held by the persons mentioned in subparagraph (1)(b)(i), (ii) or (iii):

   (a)  the determination does not affect:

        (i)    the validity of the lease; or

        (ii)   any interest of the Crown in any capacity, or of any
               statutory authority, in any public works on the land or waters
               concerned; and

   (b)  the non-extinguishment principle applies in relation to the grant of
        the lease and any other prior act affecting the native title; and

   (c)  any person, trustee or company holding the lease as mentioned in
        subparagraph (1)(b)(i), (ii) or (iii) has no procedural rights as
        holder of the lease in relation to any proposed act, in relation to
        the land or waters, to which Subdivision B of Division 3 (which deals
        with the right to negotiate) applies.