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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