Northern Territory Consolidated Acts

VALIDATION (NATIVE TITLE) ACT - SCHEDULE 3

SCHEDULE 3

Section 3B

PREVIOUS NON-EXCLUSIVE POSSESSION ACTS

1. An act is a previous non-exclusive possession act if -

(a) it is valid (including because of Division 2 or 2A of Part 2 of the Commonwealth Act);

(b) it takes place on or before 23 December 1996; and

(c) it consists of the grant of a non-exclusive agricultural lease or a non-exclusive pastoral lease.

2. An act is also a previous non-exclusive possession act if -

(a) it takes place after 23 December 1996;

(b) it would be a previous non-exclusive possession act under clause 1 if that clause were not limited in its application to acts taking place on or before 23 December 1996; and

(c) it takes place -

(i) in exercise of a legally enforceable right created by any act done on or before 23 December 1996; or

(ii) in good faith in giving effect to, or otherwise because of, an offer, commitment, arrangement or undertaking made or given in good faith on or before 23 December 1996, and of which there is written evidence created at or about the time the offer, commitment, arrangement or undertaking was made.

3. An act is not a previous non-exclusive possession act if regulations under the Commonwealth Act provide that the act is not a previous non-exclusive possession act.

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