Native Title Part 2
Other provisions relating to native title Division 4
Section 47C
(b) an area is subject to a resumption process at a particular time
(the test time) if:
(i) all interests last existing in relation to the area before the
test time were acquired, resumed or revoked by, or
surrendered to, the Crown in any capacity; and
(ii) when that happened, the Crown had a bona fide
intention of using the area for public purposes or for a
particular purpose; and
(iii) the Crown still had a bona fide intention of that kind in
relation to the area at the test time.
47C National parks etc. covered by native title applications
When section applies
(1) This section applies if:
(a) a claimant application or a revised native title determination
application is made in relation to an area that is, or is part of,
a park area (see subsection (3)); and
(b) the operation of this section in relation to an area (the
agreement area) that is in an onshore place, and comprises
the whole or a part of the park area, has been agreed to in
writing by:
(i) any registered native title body corporate concerned or
the applicant for any native title claim group concerned;
and
(ii) whichever of the Commonwealth, the State or the
Territory by or under whose law the park area was set
aside, or the interest over the park area was granted or
vested, as mentioned in subsection (3); and
(c) the agreement area is:
(i) Crown land; or
(ii) covered by a freehold estate held by the Crown, or a
statutory authority of the Crown, in any of its capacities;
and
Compilation No. 47
Native Title Act 1993
181
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات