Part 2 Native Title
Division 3 Future acts etc. and native title
Section 24JB
Example 3: Subparagraph (e)(ii) might apply if particular land was reserved as a
hospital site before 23 December 1996, and instead a school is later
built on the land.
Leases
(2) This Subdivision also 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 was done by the Crown in right of the
Commonwealth, a State or a Territory; and
(d) the earlier act consisted of the grant of a lease to a statutory
authority of the Commonwealth, the State or the Territory,
where:
(i) under the lease, the whole or part of any land or waters
covered by the lease was to be used for a particular
purpose; or
(ii) there is written evidence, created at any time on or
before 23 December 1996 by the Commonwealth, the
State or the Territory, that the whole or part of any land
or waters covered by the lease was to be used for a
particular purpose; and
(e) the later act is done in good faith and consists of the use, by
the statutory authority or any person, of the land or waters for
the particular purpose.
24JB Treatment of acts covered by section 24JA
Validation of act
(1) If this Subdivision applies to a future act, the act is valid.
Extinguishment consequences—public works
(2) If the act consists of the construction or establishment of a public
work:
96
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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