Part 2 Native Title Division 2B Confirmation of past extinguishment of native title by certain valid or validated acts Section 23B (b) it took place on or before 23 December 1996; and (c) it consists of the grant or vesting of any of the following: (i) a Scheduled interest (see section 249C); (ii) a freehold estate; (iii) a commercial lease that is neither an agricultural lease nor a pastoral lease; (iv) an exclusive agricultural lease (see section 247A) or an exclusive pastoral lease (see section 248A); (v) a residential lease; (vi) a community purposes lease (see section 249A); (vii) what is taken by subsection 245(3) (which deals with the dissection of mining leases into certain other leases) to be a separate lease in respect of land or waters mentioned in paragraph (a) of that subsection, assuming that the reference in subsection 245(2) to “1 January 1994” were instead a reference to “24 December 1996”; (viii) any lease (other than a mining lease) that confers a right of exclusive possession over particular land or waters. Vesting of certain land or waters to be covered by paragraph (2)(c) (3) If: (a) by or under legislation of a State or a Territory, particular land or waters are vested in any person; and (b) a right of exclusive possession of the land or waters is expressly or impliedly conferred on the person by or under the legislation; the vesting is taken for the purposes of paragraph (2)(c) to be the vesting of a freehold estate over the land or waters. Construction of public works commencing on or before 23.12.1996 (7) An act is a previous exclusive possession act if: (a) it is valid (including because of Division 2 or 2A); and 24 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021