NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71BI Land management activities subject to native title

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71BI

71BI Land management activities subject to native title

(1) Despite any other provision of this Act--

(a) the exercise of functions by a board of management, and

(b) the exercise of powers, authorities, duties and functions by the Secretary and the National Parks and Wildlife Service,

in relation to the management of the lands to which this Part applies is subject to the preservation of native title rights and interests (if any) that exist in relation to the lands.

(2) If at any time an approved determination of native title is made that native title exists in relation to lands to which this Part applies, the Minister, the Aboriginal Land Council or Councils in which the lands concerned are vested and the board of management for the lands are authorised to enter into arrangements with the common law native title holders or their representatives (or both) to ensure that the native title rights and interests in relation to the lands are preserved.

(3) An arrangement of the kind referred to in subsection (2) may be entered into despite any provision of this or any other Act or law and despite the fact that the entry into of the arrangement may involve the breach of another previously concluded arrangement.

(4) No compensation is payable in respect of the breach of an arrangement because of the operation of this section.

Note :
"Approved determination of native title" is defined in section 253 of the Native Title Act 1993 of the Commonwealth.