TITLES (VALIDATION) AND NATIVE TITLE (EFFECT OF PAST ACTS) ACT 1995 - SECT 12M
TITLES (VALIDATION) AND NATIVE TITLE (EFFECT OF PAST ACTS) ACT 1995 - SECT 12M
12M . Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of State (s. 23I and 23G NTA)
(1) Subject to
subsection (2), if a previous non-exclusive possession act (see section 23F of
the NTA) 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; and
(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 6 applies,
this section does not apply to the act.
(3) If this section
applies to the act, sections 6, 8, 9, 12D and 12E do not apply to the act.
Note for this section:
Under section 23F of
the NTA, the estates and interests to which this section applies are those
arising from —
(a)
non-exclusive agricultural leases and non-exclusive pastoral leases validly
granted on or before 23 December 1996; and
(b)
legally enforceable rights to the grant of such leases created on or before
that date but exercised after that date; and
(c)
arrangements for the grant of such leases completed after that date but made
on or before that date in good faith and evidenced in writing.
[Section 12M inserted: No. 9 of 1999 s. 7.]