Part 2 Native Title
Division 4 Other provisions relating to native title
Section 47B
Prior extinguishment to be disregarded
(2) For all purposes under this Act in relation to the application, any
extinguishment, of the native title rights and interests in relation to
the area that are claimed in the application, by the creation of any
prior interest in relation to the area must be disregarded.
Note:
The applicant will still need to show the existence of any connection
with the land or waters concerned that may be required by the
common law concept of native title.
Effect of determination
(3) If the determination on the application is that the native title claim
group hold the native title rights and interests claimed:
(a) the determination does not affect:
(i) the validity of the creation of any prior interest in
relation to the area; or
(ii) any interest of the Crown in any capacity, or of any
statutory authority, in any public works on the land or
waters concerned; and
(b) the non-extinguishment principle applies to the creation of
any prior interest in relation to the area.
Renewals and extensions of leases
(4) For the purposes of paragraph (1)(b), if, after a lease covering an
area expires or is terminated, the lease is bona fide renewed, or its
term is bona fide extended, the area is taken to be covered by the
lease during the period between the expiry or termination and the
renewal or extension.
Defined expressions
(5) For the purposes of this section:
(a) the creation of a prior interest in relation to an area does not
include the creation of an interest that confirms ownership of
natural resources by, or confers ownership of natural
resources on, the Crown in any capacity; and
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Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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