Western Australian Consolidated Acts

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 (ss. 23I & 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;

            (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:         Under section 23F of the NTA, the estates and interests to which this section applies are those arising from — 
                •         non-exclusive agricultural leases and non-exclusive pastoral leases validly granted on or before 23 December 1996;
                •         legally enforceable rights to the grant of such leases created on or before that date but exercised after that date; and
                •         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 by No. 9 of 1999 s.7.]