Native Title Part 2
Validation of transfers under New South Wales land rights legislation Division 2AA
Section 22I
Division 2AA—Validation of transfers under New South
Wales land rights legislation
22I Overview of Division
In summary, this Division allows New South Wales to validate
certain transfers under the Aboriginal Land Rights Act 1983 of that
State.
22J Validation of transfers
If:
(a) future acts consist of the transfer of lands under section 36 of
the Aboriginal Land Rights Act 1983 of New South Wales;
and
(b) the claims for the lands were made before 28 November
1994; and
(c) the acts took place before or take place after the
commencement of this section; and
(d) the acts are not intermediate period acts; and
(e) the acts are invalid to any extent because of Division 3 of
Part 2 or for any other reason, but would be valid to that
extent if native title did not exist in relation to the lands;
a law of New South Wales may provide that the acts are valid, and
are taken always to have been valid.
22K Effect of validation on native title
The non-extinguishment principle applies to the acts.
22L Entitlement to compensation
Compensation where validation
(1) If a law of New South Wales validates the acts, the native title
holders concerned are entitled to compensation.
Compilation No. 47
Native Title Act 1993
21
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021