Native Title Part 2
Future acts etc. and native title Division 3
Section 44
44 Additional operation of Subdivision
Without affecting its operation apart from this section, this
Subdivision also has the effect that it would have if each reference
to a grantee party were, by express provision, confined to a grantee
party that is a foreign corporation, or a trading or financial
corporation formed within the limits of the Commonwealth.
Subdivision Q—Conferral of access rights on native title
claimants in respect of non-exclusive agricultural and
pastoral leases
44A Conditions for Subdivision to apply
(1) This Subdivision applies if the conditions in this section are met.
Person in claim group in respect of registered claim over
non-exclusive agricultural or pastoral lease
(2) A person must be included in the native title claim group (see
section 253) in relation to a claim:
(a) for which there is an entry on the Register of Native Title
Claims; and
Note:
Under paragraph 190(4)(d), entries on the Register must be
removed when the application in question is withdrawn,
dismissed or otherwise finalised.
(b) that relates to any extent to an area that is covered by a
non-exclusive agricultural lease or a non-exclusive pastoral
lease.
Access for traditional activities
(3) Either:
(a) as at the end of 23 December 1996, the person included in
the native title claim group must have regularly had physical
access to the whole or part (the traditional access area) of
the area that is covered by both the claim and the lease for the
Compilation No. 47
Native Title Act 1993
169
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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