Native Title Part 2
Confirmation of past extinguishment of native title by certain valid or validated acts
Division 2B
Section 23D
Public works
(2) If an act is a previous exclusive possession act under
subsection 23B(7) (which deals with public works) and is
attributable to the Commonwealth:
(a) the act extinguishes native title in relation to the land or
waters on which the public work concerned (on completion
of its construction or establishment) was or is situated; and
(b) the extinguishment is taken to have happened when the
construction or establishment of the public work began.
Other extinguishment provisions do not apply
(3) If this section applies to the act, sections 15 and 22B do not apply
to the act.
23D Preservation of beneficial reservations and conditions
If:
(a) a previous exclusive possession act attributable to the
Commonwealth contains a reservation or condition for the
benefit of Aboriginal peoples or Torres Strait Islanders; or
(b) the doing of a previous exclusive possession act attributable
to the Commonwealth would affect rights or interests (other
than native title rights and interests) of Aboriginal peoples or
Torres Strait Islanders (whether arising under legislation, at
common law or in equity and whether or not rights of usage);
nothing in section 23C affects that reservation or condition or those
rights or interests.
23DA Confirmation of validity of use of certain land held by Crown
etc.
To avoid doubt, if the act is a previous exclusive possession act
because of paragraph 23B(9C)(b) (which deals with grants to the
Crown etc.), the use of the land or waters concerned as mentioned
in that paragraph is valid.
Compilation No. 47
Native Title Act 1993
27
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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