Part 2 Native Title
Division 4 Other provisions relating to native title
Section 47C
(ii) there is an agreement under subsection (5);
the construction or establishment of any relevant public
works that are the subject of the agreement concerned.
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
(9) If the determination on the application is that native title rights and
interests exist in the agreement area:
(a) the determination does not affect:
(i) the validity of the setting aside, granting or vesting; or
(ii) the validity of the creation of any other prior interest in
relation to the agreement area; or
(iii) any interest of the Crown in any capacity, or of any
statutory authority, or of any other person, in any public
works on the land or waters concerned (whether or not a
relevant public work that is the subject of an
agreement), or access to such public works; or
(iv) any existing public access to the agreement area; and
(b) the non-extinguishment principle applies to the setting aside,
granting or vesting or the creation of any other prior interest
in relation to the agreement area.
Exclusion of Crown ownership of natural resources
(10) For the purposes of this section, a reference to the creation of an
interest in relation to an area does not include a reference to the
creation of an interest that confirms ownership of natural resources
by, or confers ownership of natural resources on, the Crown in any
capacity.
Definitions
(11) In this section:
Crown land means:
184
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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