Part 2 Native Title
Division 2B Confirmation of past extinguishment of native title by certain valid or
validated acts
Section 23H
Exclusion of certain acts
(2) If the act is the grant of a pastoral lease or an agricultural lease to
which paragraph 15(1)(a) applies, this section does not apply to the
act.
Effect on sections 15 and 22B
(3) If this section applies to the act, sections 15 and 22B do not apply
to the act.
23H Preservation of beneficial reservations and conditions
If:
(a) a previous non-exclusive possession act attributable to the
Commonwealth contains a reservation or condition for the
benefit of Aboriginal peoples or Torres Strait Islanders; or
(b) the doing of a previous non-exclusive possession act
attributable to the Commonwealth would affect rights or
interests (other than native title rights and interests) of
Aboriginal peoples or Torres Strait Islanders (whether arising
under legislation, at common law or in equity and whether or
not rights of usage);
nothing in section 23G affects that reservation or condition or those
rights or interests.
23HA Notification
In the case of a previous non-exclusive possession act to which
subparagraph 23F(3)(c)(ii) applies:
(a) notice must be given, in the way determined, by legislative
instrument, by the Commonwealth Minister, to any
representative Aboriginal/Torres Strait Islander bodies,
registered native title bodies corporate and registered native
title claimants in relation to the land or waters that will be
affected by the act about the doing or proposed doing of the
act, or acts of that class, in relation to the land or waters
concerned; and
30
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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