Native Title Part 2
Future acts etc. and native title Division 3
Section 24EB
(d) if the act is the surrender of native title under an agreement
covered by Subdivision B or C—the agreement also includes
a statement to the effect that the surrender is intended to
extinguish the native title rights and interests.
Validation of act
(2) The act is valid to the extent that it affects native title in relation to
land or waters in the area covered by the agreement.
(2A) To avoid doubt, removal of the details of an agreement from the
Register of Indigenous Land Use Agreements does not affect the
validity of a future act done while the details were on the Register.
Non-extinguishment principle
(3) Unless a statement of the kind mentioned in paragraph (1)(d) in
relation to the act is included in the agreement, the
non-extinguishment principle applies to the act.
Restriction on compensation where Subdivision B agreement
(4) In the case of an agreement under Subdivision B, the following are
not entitled to any compensation for the act under this Act, other
than compensation provided for in the agreement:
(a) any registered native title body corporate who is a party to
the agreement;
(b) any common law holder of native title:
(i) for whom such a registered native title body corporate
holds native title rights and interests on trust; or
(ii) of whom such a registered native title body corporate is
the agent or representative;
Note:
For the definition of common law holder, see section 56.
(c) any native title holder who is entitled to any of the benefits
provided under the agreement.
Compilation No. 47
Native Title Act 1993
65
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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