TITLES (VALIDATION) AND NATIVE TITLE (EFFECT OF PAST ACTS) ACT 1995 - SECT 12D

TITLES (VALIDATION) AND NATIVE TITLE (EFFECT OF PAST ACTS) ACT 1995 - SECT 12D

12D .         Effect of validation: inconsistent category B intermediate period acts (s. 22F and 22B(c) NTA)

        (1)         A category B intermediate period act that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned, extinguishes the native title to the extent of the inconsistency.

        (2)         Subsection (1) has effect subject to section 24EBA(6) of the NTA.

        Notes for this section:

        1.         The expression “category B intermediate period act” is defined in section 232C of the NTA as the grant of a lease that is not a category A intermediate period act; but the definition does not include —

            (a)         mining leases; and

            (b)         certain leases for the benefit of Aboriginal peoples and subleases derived from such leases.

        2.         This section does not apply to an act if section 12I or 12M of this Act applies to it.

        3.         The effect of this section can be changed by an agreement that complies with section 24EBA of the NTA (see subsections (1)(a)(iii) and (6) of that section).

        [Section 12D inserted: No. 9 of 1999 s. 7.]