Part 2 Native Title Division 4 Other provisions relating to native title Section 47C (ii) there is an agreement under subsection (5); the construction or establishment of any relevant public works that are the subject of the agreement concerned. Note: The applicant will still need to show the existence of any connection with the land or waters concerned that may be required by the common law concept of native title. Effect of determination (9) If the determination on the application is that native title rights and interests exist in the agreement area: (a) the determination does not affect: (i) the validity of the setting aside, granting or vesting; or (ii) the validity of the creation of any other prior interest in relation to the agreement area; or (iii) any interest of the Crown in any capacity, or of any statutory authority, or of any other person, in any public works on the land or waters concerned (whether or not a relevant public work that is the subject of an agreement), or access to such public works; or (iv) any existing public access to the agreement area; and (b) the non-extinguishment principle applies to the setting aside, granting or vesting or the creation of any other prior interest in relation to the agreement area. Exclusion of Crown ownership of natural resources (10) For the purposes of this section, a reference to the creation of an interest in relation to an area does not include a reference to the creation of an interest that confirms ownership of natural resources by, or confers ownership of natural resources on, the Crown in any capacity. Definitions (11) In this section: Crown land means: 184 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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