Part 2 Native Title Division 2B Confirmation of past extinguishment of native title by certain valid or validated acts Section 23E 23E Confirmation of extinguishment of native title by previous exclusive possession acts of State or Territory If a law of a State or Territory contains a provision to the same effect as section 23D or 23DA, the law of the State or Territory may make provision to the same effect as section 23C in respect of all or any previous exclusive possession acts attributable to the State or Territory. 23F Previous non-exclusive possession act (1) This section defines previous non-exclusive possession act. Acts on or before 23.12.96 (2) An act is a previous non-exclusive possession act if: (a) it is valid (including because of Division 2 or 2A of Part 2); and Note: As at the commencement of this section, acts such as grants before 1 January 1994 that were invalid because of native title have been validated by or under Division 2. (b) it takes place on or before 23 December 1996; and (c) it consists of the grant of a non-exclusive agricultural lease (see section 247B) or a non-exclusive pastoral lease (see section 248B). Acts after 23.12.96 (3) An act is also a previous non-exclusive possession act if: (a) it takes place after 23 December 1996; and (b) it would be a previous non-exclusive possession act under subsection (2) if that subsection were not limited in its application to acts taking place on or before 23 December 1996; and (c) it takes place: (i) in exercise of a legally enforceable right created by any act done on or before 23 December 1996; or 28 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021