LAND ADMINISTRATION ACT 1997 - SECT 154
LAND ADMINISTRATION ACT 1997 - SECT 154
154 . Giving notice under NTA to native title holders if NTA Part 2 Div. 3 Subdiv. P applies, effect of for this Act
(1) This section
applies if —
(a)
interests in land are intended to be taken under section 161 or 165; and
(b) Part
2, Division 3, Subdivision P of the NTA is applicable to the taking by virtue
of section 26(1)(c)(iii) of the NTA.
(2) Where this section
applies —
(a) the
giving of notice in accordance with the NTA satisfies the requirements of
section 170(5)(b) of this Act in relation to native title holders; and
(b) the
service of the order and forms referred to in paragraph (c) of section 177(5)
of this Act in accordance with the NTA, as if they were a notice, satisfies
the requirements of that paragraph in relation to native title holders.
(3) In subsection (2)
—
in accordance with the NTA means —
(a) if
Part 3 of the Native Title (State Provisions) Act 1998 is in operation and the
taking is a Part 3 act within the meaning of that Act, in accordance with
Division 3 of Part 3 of that Act; or
(b) if
Part 4 of the Native Title (State Provisions) Act 1998 is in operation and the
taking is a Part 4 act within the meaning of that Act, in accordance with
Division 3 of Part 4 of that Act; or
(c) if
paragraph (a) or (b) does not apply, in accordance with section 29 of the
Native Title Act 1993 of the Commonwealth.
[Section 154 inserted: No. 61 of 1998 s. 8.]