South Australian Consolidated Acts

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 - SECT 36G

36G—Effect of previous exclusive possession acts that are public works attributable to the State

        (1)         A previous exclusive possession act attributable to the State consisting of the construction or establishment of a public work extinguishes native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated. ¹

        (2)         The extinguishment is taken to have happened when the construction or establishment of the public work began. ²

Notes—

1         See sections 23E and 23C(2)(a) NTA. An act "attributable" to the State is defined in section 239 NTA and, for certain purposes, section 23JA NTA.

2         See section 23C(2)(b) NTA.