South Australian Consolidated Acts South Australian Consolidated Acts36I—Effect of previous non-exclusive possession acts attributable to the
State
(1) Subject to
subsection (2), if a previous non-exclusive possession act is
attributable to the State—
(a) to
the extent that the act involves the grant of rights and interests that are
not inconsistent with native title rights and interests in relation to the
land or waters covered by the lease concerned, the rights and interests
granted, and the doing of any activity in giving effect to them, prevail over
the native title rights and interests but do not extinguish them; and
(b) to
the extent that the act involves the grant of rights and interests that are
inconsistent with native title rights and interests in relation to the land or
waters covered by the lease concerned—
(i)
if, apart from this Act, the act extinguishes the
native title rights and interests—the native title rights and interests
are extinguished; and
(ii)
in any other case—the native title rights and
interests are suspended while the lease concerned, or the lease as renewed,
re-made, re-granted or extended, is in force; and
(c) any
extinguishment under this subsection is taken to have happened when the act
was done. 1
(2) This section does
not apply to a previous non-exclusive possession act that is a category A past
act consisting of the grant of a pastoral lease or an agricultural lease. 2
Notes—
1 See sections 23I and 23G(1) NTA. A
"previous non-exclusive possession act" is defined in
section 23F NTA. An act "attributable" to the State is defined in
section 239 NTA and, for certain purposes, section 23JA NTA.