TITLES (VALIDATION) AND NATIVE TITLE (EFFECT OF PAST ACTS) ACT 1995 - SECT 12J
TITLES (VALIDATION) AND NATIVE TITLE (EFFECT OF PAST ACTS) ACT 1995 - SECT 12J
12J . Confirmation of extinguishment of native title by previous exclusive possession acts of State consisting of public works (s. 23E and 23C(2) NTA)
(1) If an act is a
previous exclusive possession act under section 23B(7) of the NTA (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 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
establishment of the public work began.
(2) If this section
applies to the act, sections 7 and 12C do not apply to the act.
Note for this section:
Under section 23B(7)
of the NTA, the public works to which this section applies are those validly
undertaken and commenced to be constructed or established on or before 23
December 1996.
[Section 12J inserted: No. 9 of 1999 s. 7;
amended: No. 55 of 1999 s. 5.]