Part 2 Native Title
Division 3 Future acts etc. and native title
Section 44B
purpose of carrying on one or more traditional activities (see
subsection (4)) of the person; or
(b) the person included in the native title claim group must be a
descendant of a person who, as at 23 December 1996,
regularly had such physical access.
Traditional activity
(4) A traditional activity is an activity of any of the following kinds,
but only if it is carried on for traditional purposes of Aboriginal
people or Torres Strait Islanders:
(a) hunting, fishing, gathering or camping;
(b) performing rites or other ceremonies;
(c) visiting sites of significance.
44B Rights of access for traditional activities
Conferral of rights
(1) At all times while this Subdivision applies, the person included in
the native title claim group has a right:
(a) to have access, in the same way and to the same extent as the
access mentioned in subsection 44A(3), to the traditional
access area for the purpose of carrying on the one or more
traditional activities in that area in the same way and to the
same extent as they were carried on pursuant to the access
mentioned in that subsection; and
(b) to carry on those activities in that area in that way and to that
extent.
Lessee etc. rights prevail
(2) The rights of:
(a) the lessee under the lease; or
(b) any person with non-native title rights or interests in relation
to the traditional access area;
170
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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