Native Title Part 2
Future acts etc. and native title Division 3
Section 24MC
Example: An example of a future act covered by this subsection is the grant of a
mining lease over land in relation to which there is native title when a
mining lease would also be able to be granted over the land if the
native title holders instead held ordinary title to it.
Opal or gem mining
(2) This Subdivision also applies to a future act if:
(a) it is an act other than the making, amendment or repeal of
legislation; and
(b) it is not covered by subsection (1); and
(c) it consists of the creation or variation of a right to mine for
opals or gems; and
(d) a law of the Commonwealth, a State or a Territory makes
provision in relation to the preservation or protection of
areas, or sites, that may be:
(i) in the area to which the act relates; and
(ii) of particular significance to Aboriginal peoples or
Torres Strait Islanders in accordance with their
traditions.
24MC Only onshore places covered
However, this Subdivision only applies to a future act to the extent
that it relates to an onshore place. A reference to an act to which
this Subdivision applies is to be read as referring to the act to that
extent only.
24MD Treatment of acts that pass the freehold test
Validation of act
(1) If this Subdivision applies to a future act, then, subject to
Subdivision P (which deals with the right to negotiate), the act is
valid.
Extinguishment of native title by compulsory acquisition
(2) If:
Compilation No. 47
Native Title Act 1993
105
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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