Native Title Part 2 Other provisions relating to native title Division 4 Section 47C (b) an area is subject to a resumption process at a particular time (the test time) if: (i) all interests last existing in relation to the area before the test time were acquired, resumed or revoked by, or surrendered to, the Crown in any capacity; and (ii) when that happened, the Crown had a bona fide intention of using the area for public purposes or for a particular purpose; and (iii) the Crown still had a bona fide intention of that kind in relation to the area at the test time. 47C National parks etc. covered by native title applications When section applies (1) This section applies if: (a) a claimant application or a revised native title determination application is made in relation to an area that is, or is part of, a park area (see subsection (3)); and (b) the operation of this section in relation to an area (the agreement area) that is in an onshore place, and comprises the whole or a part of the park area, has been agreed to in writing by: (i) any registered native title body corporate concerned or the applicant for any native title claim group concerned; and (ii) whichever of the Commonwealth, the State or the Territory by or under whose law the park area was set aside, or the interest over the park area was granted or vested, as mentioned in subsection (3); and (c) the agreement area is: (i) Crown land; or (ii) covered by a freehold estate held by the Crown, or a statutory authority of the Crown, in any of its capacities; and Compilation No. 47 Native Title Act 1993 181 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021

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