South Australian Consolidated Acts

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 - SECT 38

38—Preservation of beneficial reservations and conditions

If—

            (a)         a past act, intermediate period act, previous exclusive possession act, or previous non-exclusive possession act, attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples; or

            (b)         the doing of the act would affect rights or interests (other than rights conferred by native title) of Aboriginal peoples (whether arising under legislation, at common law or in equity and whether or not rights of usage),

nothing in this Act affects that reservation or condition or those rights or interests. ¹

Note—

1         See sections 19 and 16 NTA; sections 22F and 22C NTA; 23E and 23D NTA; sections 23I and 23H NTA. An act "attributable" to the State is defined in section 239 NTA and, for certain purposes, section 23JA NTA.