Native Title Part 2
Future acts etc. and native title Division 3
Section 26
Note:
Certain compulsory acquisitions covered by
sub-subparagraphs(iii)(A) and (B) are dealt with in
subsection 24MD(6B).
(iv) any other act approved by the Commonwealth Minister,
by legislative instrument, for the purposes of this
paragraph, where, if the act is attributable to a State or
Territory, the Commonwealth Minister consulted the
State Minister or the Territory Minister about the
approval before giving it.
Exclusions
(2) This Subdivision does not apply to the extent that the act is:
(a) an act covered by section 24EB (which deals with the effects
of indigenous land use agreements) or by any of the sections
listed in paragraphs 24AA(4)(a) to (i); or
(b) an act determined, by legislative instrument, by the
Commonwealth Minister to be an approved exploration etc.
act (see section 26A); or
(c) an act determined, by legislative instrument, by the
Commonwealth Minister to be an approved gold or tin
mining act (see section 26B); or
(d) an act excluded by section 26C (which deals with opal or
gem mining) from the coverage of this Subdivision; or
(e) an act excluded by section 26D (which deals with renewals
of valid mining leases etc.) from the coverage of this
Subdivision; or
(f) an act that is the compulsory acquisition of native title rights
and interests and that relates solely to land or waters wholly
within a town or city (see section 251C).
Note:
Under sections 43 and 43A, a State or Territory may, in certain
circumstances, make alternative provisions to the regime provided for
by this Subdivision.
Sea and intertidal zone excluded
(3) This Subdivision only applies to the act to the extent that the act
relates to a place that is on the landward side of the mean
Compilation No. 47
Native Title Act 1993
119
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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