Western Australian Consolidated Acts Western Australian Consolidated Acts If the requirements of
section 12Q are satisfied in respect of a future act or class of future
acts —
(a) the
act is valid and is taken always to have been valid; or
(b) all
acts included in the class are valid and are taken always to have been valid,
as the case may
require.
Note: If an invalid
future act is validated by
section 12R —
• under section 24EBA(4)
of the NTA, the non-extinguishment principle applies unless the act is the
surrender of native title and the agreement includes a statement to the effect
that the surrender is intended to extinguish native
title; and
•
under section 24EBA(5) of the NTA, the
compensation entitlements are determined in accordance with
subsection (4), (5) or (6) and subsection (7) of section 24EB
of the NTA.
[Section 12R inserted by No. 9 of 1999
s.7.]
Note: Under
section 212(3) of the NTA, the confirmation made by this Part does not
extinguish native title rights and interests and does not affect a conferral
of land or waters, or an interest in land or waters, under a law that confers
benefits only on Aboriginal peoples.