Native Title Part 2
Future acts etc. and native title Division 3
Section 24IC
(iii) the extension of the term;
of a lease, licence, permit or authority (the original lease
etc.) that is valid (including because of Division 2 or 2A);
and
(b) any of the following subparagraphs applies:
(i) the original lease etc. was granted on or before
23 December 1996;
(ii) the grant of the original lease etc. was a permissible
lease etc. renewal or a pre-existing right-based act;
(iii) the original lease etc. was created by an act covered by
section 24GB, 24GD, 24GE or 24HA (which deal with
certain acts in relation to primary production activities
or involving management or regulation of water and
airspace); and
(c) the future act does not:
(i) confer a right of exclusive possession over any of the
land or waters covered by the original lease etc.; or
(ii) otherwise create a larger proprietary interest in the land
or waters than was created by the original lease etc.; or
(iii) create a proprietary interest over any of the land or
waters covered by the original lease etc., where the
original lease etc. created only a non-proprietary
interest; or
(iv) if the original lease etc. was a non-exclusive pastoral
lease covering an area greater than 5,000 hectares and
the majority of the area covered was not required or
permitted to be used for purposes other than pastoral
purposes—have the effect that the majority of the area
covered by the renewed, re-granted, re-made or
extended lease is required or permitted to be used for
purposes other than pastoral purposes; and
(d) if the original lease etc. contains, or is subject to, a
reservation or condition for the benefit of Aboriginal peoples
or Torres Strait Islanders—the renewed, re-granted, re-made
or extended lease, licence, permit or authority contains, or is
subject to, the same reservation or condition; and
Compilation No. 47
Native Title Act 1993
85
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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