Part 2 Native Title
Division 4 Other provisions relating to native title
Section 47C
(d) none of sections 47, 47A and 47B applies in relation to the
agreement area.
(2) For the purposes of paragraph (1)(c), it is immaterial whether the
land is:
(a) subject to a lease or licence; or
(b) covered by a dedication, reservation, proclamation, condition
or declaration made or conferred by the Commonwealth, a
State or a Territory; or
(c) covered by legislation of the Commonwealth, a State or a
Territory under which the whole or a part of the land is to be
used for a public purpose or public purposes; or
(d) held on trust for the benefit of another person; or
(e) subject to native title.
Meaning of park area
(3) A park area means an area (such as a national, State or Territory
park):
(a) that is set aside; or
(b) over which an interest is granted or vested;
by or under a law of the Commonwealth, a State or a Territory for
the purpose of, or purposes that include, preserving the natural
environment of the area, whether that setting aside, granting or
vesting resulted from a dedication, reservation, proclamation,
condition, declaration, vesting in trustees or otherwise.
Public works
(4) An agreement referred to in paragraph (1)(b) may include a
statement by the Commonwealth, or the State or Territory
concerned, that it agrees that the extinguishing effect of any of its
relevant public works (see subsection (11)) in the agreement area is
to be disregarded.
(5) If the agreement area contains one or more relevant public works,
the application mentioned in paragraph (1)(a) may also be the
subject of an agreement in writing between:
182
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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