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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Land Titles Validation (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--LAND TITLES VALIDATION ACT 1994 3
3. Principal Act 3
4. Compensation 3
5. New Parts 2A, 2B and 2C inserted 3
PART 2A--VALIDATION OF INTERMEDIATE PERIOD
ACTS 3
13A. Validation of intermediate period acts attributable to the
State 3
13B. Category A intermediate period acts that are not public
works 3
13C. Category A intermediate period acts involving public
works 3
13D. Inconsistent category B intermediate period acts 4
13E. Category C and D intermediate period acts 4
13F. Preservation of beneficial reservations and conditions 4
13G. Compensation 5
PART 2B--CONFIRMATION OF PAST
EXTINGUISHMENT OF NATIVE TITLE BY CERTAIN
VALID OR VALIDATED ACTS 5
13H. Confirmation of extinguishment by acts other than acts
consisting of public works 5
13I. Confirmation of extinguishment by acts consisting of
public works 6
13J. Preservation of beneficial reservations and conditions 6
13K. Confirmation of validity of use of certain Crown land 7
13L. Confirmation of partial extinguishment of native title by
previous non-exclusive possession acts 7
13M. Preservation of beneficial reservations and conditions 8
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Clause Page
13N. Notification 9
13O. Compensation 9
PART 2C--VALIDATION OF FUTURE ACTS BY
AGREEMENT 10
13P. How future acts may be validated 10
13Q. Validation 11
PART 3--PIPELINES ACT 1967 12
6. Principal Act 12
7. Definitions 12
8. Amendment of section 3A. 12
9. New section 12AB substituted 13
12AB. Minister not to grant or vary permit unless certain
requirements met 13
10. Amendment of section 20 13
11. New sections 22 to 22E substituted 14
22. Compulsory acquisition: private land 14
22A. Compulsory acquisition: native title land 14
22B. Referral of objections to Tribunal 16
22C. Determination of Tribunal on objection 16
22D. Disputed claims for compensation: native title land 17
22E. Validity of pipeline permit 18
12. New Part 6 inserted 18
PART 6--TRANSITIONAL 18
48. Application of Act as amended 18
PART 4--VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL ACT 1998 20
13. Consequential amendment 20
PART 15A--PIPELINES ACT 1967 20
NOTES 21
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PARLIAMENT OF VICTORIA
Initiated in Assembly 27 October 1998
A BILL
to amend the Land Titles Validation Act 1994 to validate, in
accordance with the Native Title Act 1993 of the Commonwealth,
certain intermediate period acts and to confirm the effect on native
title of certain acts, to amend the Pipelines Act 1967 and the
Victorian Civil and Administrative Tribunal Act 1998 and for
other purposes.
Land Titles Validation (Amendment)
Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is--
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Land Titles Validation (Amendment) Act 1998
s. 2
Act No.
(a) to amend the Land Titles Validation Act
1994 to validate certain intermediate period
acts and to confirm the effect on native title
of certain acts; and
5 (b) to amend the Pipelines Act 1967 for the
purposes of the application of the Native
Title Act 1993 of the Commonwealth.
2. Commencement
(1) This Part and Part 2 come into operation on the
10 day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
15 not come into operation before 1 August 1999, it
comes into operation on that day.
_______________
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s. 3
Act No.
PART 2--LAND TITLES VALIDATION ACT 1994
3. Principal Act
No. 114/1994.
In this Part, the Land Titles Validation Act 1994
is called the Principal Act.
5 4. Compensation
In section 13(1) of the Principal Act, for "Native
title holders" substitute "Under section 20 of the
Commonwealth Act, native title holders".
5. New Parts 2A, 2B and 2C inserted
10 After Part 2 of the Principal Act insert--
"PART 2A--VALIDATION OF INTERMEDIATE
PERIOD ACTS
13A. Validation of intermediate period acts
attributable to the State
15 Every intermediate period act attributable to
the State is valid and is taken always to have
been valid.
13B. Category A intermediate period acts that
are not public works
20 (1) A category A intermediate period act to
which section 232B(2), (3) or (4) of the
Commonwealth Act applies extinguishes
native title in relation to the land or waters
concerned.
25 (2) Sub-section (1) has effect subject to section
24EBA(6) of the Commonwealth Act.
13C. Category A intermediate period acts
involving public works
(1) A category A intermediate period act to
30 which section 232B(7) of the
Commonwealth Act applies extinguishes
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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.
5 (2) The extinguishment is taken to have
happened when the construction or
establishment began.
(3) Sub-section (1) has effect subject to section
24EBA(6) of the Commonwealth Act.
10 13D. Inconsistent category B intermediate period
acts
(1) A category B intermediate period act that is
wholly or partly inconsistent with the
continued existence, enjoyment or exercise
15 of the native title rights and interests
concerned, extinguishes native title to the
extent of the inconsistency.
(2) Sub-section (1) has effect subject to section
24EBA(6) of the Commonwealth Act.
20 13E. Category C and D intermediate period acts
(1) The non-extinguishment principle applies to
all category C and D intermediate period
acts.
(2) Sub-section (1) has effect subject to section
25 24EBA(6) of the Commonwealth Act.
13F. Preservation of beneficial reservations and
conditions
If--
(a) an intermediate period act attributable
30 to the State contains a reservation or
condition for the benefit of Aboriginal
peoples; or
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(b) the doing of an intermediate period act
attributable to the State would affect
rights or interests (other than native
title rights and interests) of Aboriginal
5 peoples (whether arising under
legislation, at common law or in equity
and whether or not rights of usage)--
nothing in section 13B, 13C, 13D or 13E
affects that reservation or condition or those
10 rights or interests.
13G. Compensation
(1) Under section 22G of the Commonwealth
Act, native title holders are entitled to
compensation because of the validation by
15 this Act of an intermediate period act
attributable to the State.
(2) The compensation is payable by the State.
(3) Compensation is to be determined in
accordance with the principles contained in
20 Division 5 of Part 2 of the Commonwealth
Act.
PART 2B--CONFIRMATION OF PAST
EXTINGUISHMENT OF NATIVE TITLE BY
CERTAIN VALID OR VALIDATED ACTS
25 13H. Confirmation of extinguishment by acts
other than acts consisting of public works
(1) If an act is a previous exclusive possession
act under section 23B(2) of the
Commonwealth Act (including because of
30 section 23B(3)) and is attributable to the
State--
(a) the act extinguishes any native title in
relation to the land or waters covered
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by the freehold estate, Scheduled
interest or lease concerned; and
(b) the extinguishment is taken to have
happened when the act was done.
5 (2) If this section applies to the act, sections 7,
9, 13B and 13D do not apply to the act.
13I. Confirmation of extinguishment by acts
consisting of public works
(1) If an act is a previous exclusive possession
10 act under section 23B(7) of the
Commonwealth Act (which deals with public
works) and is attributable to the State--
(a) the act extinguishes native title in
relation to the land or waters on which
15 the public work concerned (on
completion of its construction or
establishment) was or is situated; and
(b) the extinguishment is taken to have
happened when the construction or
20 establishment of the public work began.
(2) If this section applies to the act, sections 8
and 13C do not apply to the act.
13J. Preservation of beneficial reservations and
conditions
25 If--
(a) a previous exclusive possession act
attributable to the State contains a
reservation or condition for the benefit
of Aboriginal peoples; or
30 (b) the doing of a previous exclusive
possession act attributable to the State
would affect rights or interests (other
than native title rights and interests) of
Aboriginal peoples (whether arising
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under legislation, at common law or in
equity and whether or not rights of
usage)--
nothing in section 13H or 13I affects that
5 reservation or condition or those rights or
interests.
13K. Confirmation of validity of use of certain
Crown land
To avoid doubt, if an act is a previous
10 exclusive possession act because of
paragraph (b) of section 23B(9C) of the
Commonwealth Act (which deals with grants
to the Crown etc.), the use of the land or
waters concerned as mentioned in that
15 paragraph is valid.
13L. Confirmation of partial extinguishment of
native title by previous non-exclusive
possession acts
(1) Subject to sub-section (2), if a previous non-
20 exclusive possession act (see section 23F of
the Commonwealth Act) is attributable to the
State--
(a) to the extent that the act involves the
grant of rights and interests that are not
25 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
30 them, prevail over the native title rights
and interests but do not extinguish
them;
(b) to the extent that the act involves the
grant of rights and interests that are
35 inconsistent with native title rights and
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s. 5
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interests in relation to the land or
waters covered by the lease
concerned--
(i) if, apart from this Act, the act
5 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
10 while the lease concerned, or the
lease as renewed, re-made, re-
granted or extended, is in force;
and
(c) any extinguishment under this sub-
15 section is taken to have happened when
the act was done.
(2) If the act is the grant of a pastoral lease or an
agricultural lease to which section 7 applies,
this section does not apply to the act.
20 (3) If this section applies to the act, sections 7,
9, 10, 13D and 13E do not apply to the act.
13M. Preservation of beneficial reservations and
conditions
If--
25 (a) a 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 a previous non-exclusive
30 possession act attributable to the State
would affect rights or interests (other
than native title rights and interests) of
Aboriginal peoples (whether arising
under legislation, at common law or in
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equity and whether or not rights of
usage)--
nothing in section 13L affects that
reservation or condition or those rights or
5 interests.
13N. Notification
In the case of a previous non-exclusive
possession act to which section 23F(3)(c)(ii)
of the Commonwealth Act applies--
10 (a) notice must be given, in the way
determined in writing by the
Commonwealth Minister, to any--
(i) representative Aboriginal/Torres
Strait Islander bodies; and
15 (ii) registered native title bodies
corporate; and
(iii) registered native title claimants--
in relation to the land or waters that
will be affected by the act, about the
20 doing or proposed doing of the act, or
acts of that class, in relation to the land
or waters concerned; and
(b) they must be given an opportunity to
comment on the act or class of acts.
25 13O. Compensation
(1) Under section 23J of the Commonwealth
Act, native title holders are entitled to
compensation for any extinguishment under
this Part of their native title rights and
30 interests by an act, but only to the extent (if
any) that the native title rights and interests
were not extinguished otherwise than under
this Act.
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(2) The compensation is payable by the State.
(3) Compensation is to be determined in
accordance with the principles contained in
Division 5 of Part 2 of the Commonwealth
5 Act.
PART 2C--VALIDATION OF FUTURE ACTS
BY AGREEMENT
13P. How future acts may be validated
Section 13Q applies if--
10 (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
15 future act (other than an
intermediate period act), or future
acts (other than intermediate
period acts) included in classes,
that have already been done
20 invalidly; or
(ii) the validating, subject to
conditions, of a particular future
act (other than an intermediate
period act), or of future acts (other
25 than intermediate period acts)
included in classes, that have
already been done invalidly;
(b) the future act or class of acts is
attributable to the State; and
30 (c) the State is a party to the agreement;
and
(d) where, whether under the agreement or
otherwise, a person other than the
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s. 5
Act No.
Crown in right of the Commonwealth
or the State, is or may become liable to
pay compensation in relation to the act
or class of acts, that person is a party to
5 the agreement.
13Q. Validation
If the requirements of section 13P are
satisfied in respect of a future act or class of
future acts--
10 (a) the act is valid and is taken always to
have been valid; or
(b) all acts included in the class are valid
and are taken always to have been
valid--
15 as the case may require.".
_______________
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Land Titles Validation (Amendment) Act 1998
s. 6
Act No.
PART 3--PIPELINES ACT 1967
No. 7541. 6. Principal Act
Reprint No. 3
In this Part, the Pipelines Act 1967 is called the
as at 23 April
1998.
Principal Act.
Subsequently
amended by
Nos 35/1998
and 46/1998.
5 7. Definitions
(1) In section 3 of the Principal Act insert--
' "Crown land" means land that is unalienated
land of the Crown;
"Native Title Act" means the Native Title Act
10 1993 of the Commonwealth;
"native title land" means land in which native
title may exist;
"owner", when used in relation to native title
land, means the native title holder of the
15 land;
"Tribunal" means Victorian Civil and
Administrative Tribunal established by the
Victorian Civil and Administrative
Tribunal Act 1998.'.
20 (2) In section 3 of the Principal Act, for the definition
of "private land" substitute--
' "private land" means land that is not Crown
land or native title land;'.
8. Amendment of section 3A.
25 (1) In section 3A(1) of the Principal Act, after
' "native title",' insert ' "native title holder",'.
(2) In section 3A of the Principal Act, sub-section (2)
is repealed.
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9. New section 12AB substituted
For section 12AB of the Principal Act
substitute--
"12AB. Minister not to grant or vary permit unless
5 certain requirements met
(1) If the proposed route or authorised route of a
pipeline to which an application under
section 12 or 12A relates is on private land
or native title land, the Minister must not
10 grant the application, or vary or alter the
proposed route or authorised route, unless
satisfied that--
(a) in the case of private land, any
necessary interests have been acquired
15 by agreement with the owner or are to
be acquired compulsorily, in
accordance with section 22;
(b) in the case of native title land, a
relevant procedure1 under the Native
20 Title Act has been followed.
(2) Compensation, interest, charges and
expenses incurred in acquiring interests,
whether compulsorily or otherwise, or in
following a relevant procedure referred to in
25 sub-section (1) are payable by the
applicant.".
10. Amendment of section 20
In section 20 of the Principal Act, for sub-section
(2) substitute--
30 "(2) Sub-section (1) does not authorise the
compulsory acquisition of native title rights
and interests.".
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Act No.
11. New sections 22 to 22E substituted
For sections 22, 22A, 22B and 22C of the
Principal Act substitute--
"22. Compulsory acquisition: private land
5 (1) The permittee may, with the written
permission of the Minister, acquire
compulsorily any easement over any private
land.
(2) The Land Acquisition and Compensation
10 Act 1986 applies to a compulsory acquisition
referred to in sub-section (1) and for that
purpose--
(a) this Act is the special Act; and
(b) the permittee is the Authority.
15 22A. Compulsory acquisition: native title land
(1) For the purposes of this Act, native title
rights and interests in native title land may
be compulsorily acquired by the Minister.
(2) The Land Acquisition and Compensation
20 Act 1986 applies to a compulsory acquisition
referred to in sub-section (1) and for that
purpose--
(a) this Act is the special Act; and
(b) the Minister is the Authority.
25 (3) For the purposes of the acquisition of native
title rights and interests in native title land,
the Minister is authorised to comply with
any relevant procedure2 under the Native
Title Act for a valid acquisition of those
30 rights and interests.
(4) If the procedure under sub-section (6B) of
24MD of the Native Title Act applies and an
objection is not made under paragraph (d) of
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that sub-section within 2 months after notice
is given under that sub-section, the Minister
may compulsorily acquire the native title
rights and interests.
5 (5) For the purposes of the application of the
procedure under section 24MD(6B) of the
Native Title Act in relation to the
compulsory acquisition, the Tribunal is the
independent body for hearing an objection
10 under
section 24MD(6B)(f) and sections 22B and
22C apply.
(6) If an objection is made under section
24MD(6B)(d) of the Native Title Act to a
15 proposed compulsory acquisition of native
title rights and interests and--
(a) all such objections are withdrawn; or
(b) within 5 months after notification under
section 24MD(6B) of the Native Title
20 Act of a proposed compulsory
acquisition a request has not been made
for the objection to be referred to the
Tribunal--
the Minister may compulsorily acquire the
25 native title rights and interests in the land.
(7) If an objection made under section
24MD(6B)(d) of the Native Title Act to a
proposed compulsory acquisition is referred
to the Tribunal and a determination made
30 that proposed compulsory acquisition
proceed, the Minister may, in accordance
with the determination, subject to this Act,
compulsorily acquire the native title rights
and interests.
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(8) If the Tribunal makes a determination that
the proposed compulsory acquisition not
proceed, or proceed subject to conditions, the
Minister must comply with that
5 determination except as permitted by sub-
paragraphs (i), (ii) and (iii) of section
24MD(6B)(g) of the Native Title Act.
22B. Referral of objections to Tribunal
(1) A person or body that makes an objection
10 under section 24MD(6B)(d) of the Native
Title Act to a proposed compulsory
acquisition of native title rights and interests
may request the Minister to refer the
objection to the Tribunal.
15 (2) A request must be made within 5 months
after notification under section 24MD(6B) of
the Native Title Act of the proposed
compulsory acquisition.
(3) If a request is made, the Minister must refer
20 the objection to the Tribunal unless the
Minister decides not to proceed with the
complusory acquisition.
(4) The Minister is a party to a proceeding in the
Tribunal in respect of an objection.
25 22C. Determination of Tribunal on objection
(1) The Tribunal may make any of the following
determinations in respect of an objection
referred to it under section 22B--
(a) a determination that the proposed
30 compulsory acquisition the subject of
the objection proceed; or
(b) a determination that the proposed
compulsory acquisition proceed subject
to conditions; or
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s. 11
Act No.
(c) a determination that the proposed
compulsory acquisition not proceed.
(2) In making a determination, the Tribunal
must take into account--
5 (a) the likely impact of the proposed
compulsory acquisition on the
objector's registered native title rights
and interests; and
(b) the measures proposed to be taken to
10 minimise that impact.
(3) For the avoidance of doubt, a determination
is not an order of the Tribunal for the
purposes of the Victorian Civil and
Administrative Tribunal Act 1998.
15 22D. Disputed claims for compensation: native
title land
(1) If native title rights and interests are
compulsorily acquired under section 22A
and a lease, easement, licence or other
20 authority over the land granted to the
permittee, the Land Acquisition and
Compensation Act 1986 applies to the
determination and payment of compensation
as if the grant were effected by a notice of
25 acquisition under that Act and for that
purpose--
(a) this Act is the special Act;
(b) the permittee is the Authority.
(2) If the compensation payable to a person in
30 respect of the compulsory acquisition of
land, or interests in land, over which native
title may exist and to which this section
applies does not amount to compensation on
just terms, the person is entitled to such
35 additional compensation as is necessary to
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s. 12
Act No.
ensure that compensation is paid on just
terms.
(3) Compensation payable in respect of the
compulsory acquisition of land or interests to
5 which this section applies is payable by the
permittee.
22E. Validity of pipeline permit
A finding that the requirements of this Act or
the Native Title Act have not been complied
10 with in relation to any part of the authorised
route of a pipeline in respect of which a
permit has been granted does not affect the
validity of the permit in respect of any other
part of the authorised route.".
15 12. New Part 6 inserted
After Part 5 of the Principal Act insert--
"PART 6--TRANSITIONAL
48. Application of Act as amended
(1) This Act as amended by the Land Titles
20 Validation (Amendment) Act 1998
applies--
(a) to an application made under this Act,
whether before or after the
commencement of section 12 of the
25 Land Titles Validation (Amendment)
Act 1998; and
(b) to the grant of a permit under this Act,
whether the application for the permit
was made before or after that
30 commencement; and
(c) to the alteration or variation of the
authorised route of a pipeline, whether
the application for the alteration or
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Land Titles Validation (Amendment) Act 1998
s. 12
Act No.
variation was made before or after that
commencement.
(2) A notice under section 22 of this Act as in
force before the commencement of section
5 12 of the Land Titles Validation
(Amendment) Act 1998 that was given by
the Minister on a date before that
commencement has effect as if it were a
notice given under section 6 of the Land
10 Acquisition and Compensation Act 1986
on that date.".
_______________
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s. 13
Act No.
PART 4--VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL ACT 1998
13. Consequential amendment
In Schedule 1 to the Victorian Civil and
5 Administrative Tribunal Act 1998, after Part 15
insert--
"PART 15A--PIPELINES ACT 1967
51A. Unincorporated associations can be parties
(1) Section 61(1) does not apply to a proceeding under
10 section 22B of the Pipelines Act 1967.
(2) An unincorporated association that is a party to a
proceeding under section 22B of the Pipelines Act
1967 has the same right to representation in the
proceeding as a body corporate.".
15
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Notes
Act No.
NOTES
1
S. 9: The relevant procedures under the Native Title Act 1993 of the
Commonwealth include--
(a) the procedure under an indigenous land use agreement under that
Act;
(b) the procedure under section 24MD(6B) of that Act;
(c) any other applicable procedure referred to in section 24AA of the
Act.
2
S. 11: See note 1.
By Authority. Government Printer for the State of Victoria.
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Land Titles Validation (Amendment) Act 1998
Act No.
22
532145B.I1-29/10/98
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