Western Australian Consolidated Acts

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 (ss. 23E & 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:         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 by No. 9 of 1999 s.7; amended by No. 55 of 1999 s.5.]