Native Title Part 2
Future acts etc. and native title Division 3
Section 24JA
Subdivision J—Reservations, leases etc.
24JA Acts covered by this Subdivision
Reservations etc.
(1) This Subdivision applies to a future act (the later act) if:
(a) an act (the earlier act) took place before the later act and on
or before 23 December 1996; and
(b) the earlier act was valid (including because of Division 2 or
2A); and
(c) the earlier act:
(i) was done by the Crown in right of the Commonwealth,
a State or Territory; or
(ii) consisted of the making, amendment or repeal of
legislation by the Commonwealth, a State or Territory:
and
(d) the earlier act contained, made or conferred a reservation,
proclamation, dedication, condition, permission or authority
(the reservation) under which the whole or part of any land
or waters was to be used for a particular purpose; and
(e) the later act is done in good faith:
(i) under or in accordance with the reservation; or
(ii) in the area covered by the reservation, so long as the
act’s impact on native title is no greater than the impact
that any act that could have been done under or in
accordance with the reservation would have had.
Example 1: A future act consisting of the creation of a national park management
plan might be covered by subparagraph (e)(i), if the land concerned
was reserved for the establishment of the national park before
23 December 1996.
Example 2: A future act consisting of the grant of a forestry licence might be
covered by that subparagraph, if the grant is done under or in
accordance with a dedication for forestry purposes made before
23 December 1996.
Compilation No. 47
Native Title Act 1993
95
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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