NATIVE TITLE (NEW SOUTH WALES) ACT 1994 - SECT 30 Validation of future acts covered by indigenous land use agreements

NATIVE TITLE (NEW SOUTH WALES) ACT 1994 - SECT 30

30 Validation of future acts covered by indigenous land use agreements

(NTA, sec 24EBA (1)-(5))

(1) Coverage of section The consequences set out in this section apply if--

(a) details are on the Register of Indigenous Land Use Agreements of an agreement that includes a statement to the effect that the parties agree to--

(i) the validating of a particular future act (other than an intermediate period act), or future acts (other than intermediate period acts) included in classes, that have already been done invalidly, or

(ii) the validating, subject to conditions, of a particular future act (other than an intermediate period act), or future acts (other than intermediate period acts) included in classes, that have already been done invalidly, and

(b) the act or class of acts is attributable to the State, and the State is a party to the agreement, and

(c) where, whether under the agreement or otherwise, a person other than the Crown in right of the Commonwealth, a State or a Territory is or may become liable to pay compensation in relation to the act or class of acts--that person is a party to the agreement.

(2) State future acts are valid If this section applies, the future act or class of future acts is valid, and is taken always to have been valid.

(3) Non-extinguishment principle applies to future acts If this section applies, the non-extinguishment principle applies to the act or class of acts unless--

(a) the act or class of acts is the surrender of native title, and

(b) the agreement includes a statement to the effect that the surrender is intended to have extinguished the native title rights and interests.

(4) Compensation consequences of future acts If this section applies, the consequences set out in section 24EB (4), (5) or (6) of the Commonwealth Native Title Act, and the consequences set out in section 24EB (7) of that Act, apply to the act or to each of the acts in the class.