Victorian Consolidated Legislation

Land Titles Validation Act 1994 - SECT 13L

Confirmation of partial extinguishment of native title by previous non-exclusive possession acts

13L. Confirmation of partial extinguishment of native title by previous
non-exclusive possession acts



(1) Subject to subsection (2), if a previous non-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 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;

   (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.

(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.

(3) If this section applies to the act, sections 7, 9, 10, 13D and 13E do not
apply to the act.