Native Title Part 2 Future acts etc. and native title Division 3 Section 43A Meaning of alternative provision area (2) An alternative provision area is: (a) an area: (i) that is, or was (whether before or after this Act commenced), covered by a freehold estate in fee simple or by a lease (other than a mining lease); and (ii) over which all native title rights and interests have not been extinguished; or Example 1: An example of such an area is an area covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease (including one subject to section 47). Example 2: An example of a freehold estate in fee simple over which all native title rights and interests may not have been extinguished is one whose grant or vesting is covered by subsection 23B(9), (9A), (9B) or (9C). (b) an area that is, or was (whether before or after this Act commenced): (i) covered by a reservation, proclamation, dedication, condition, permission or authority, made or conferred by the Crown in right of the State or Territory or by the making, amendment or repeal of legislation of the State or Territory, under which the whole or a part of the land or waters in the area was to be used for public purposes generally or for a particular purpose; and (ii) in use for public purposes, for the particular purpose or for a similar purpose; or Example: An example of an area covered by paragraph (b) is an area containing a national park. (c) an area that, when the act is done, is wholly within a town or city (see section 251C). Notification of proposed determination (3) Before making the determination, the Commonwealth Minister must: Compilation No. 47 Native Title Act 1993 163 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021