Native Title Part 2
Validation of past acts Division 2
Section 13A
Division 2—Validation of past acts
Subdivision AA—Overview of Division
13A Overview of Division
(1) In summary, this Division validates, or allows States and
Territories to validate, certain acts that:
(a) took place before 1 January 1994; and
(b) would otherwise be invalid because of native title.
This Division also covers certain acts done after that day consisting
of an extension or renewal etc. of an act done before that day.
(2) The acts validated are called past acts; they are defined in
section 228.
(3) This Division also sets out the effect of such validation on native
title. The effect varies depending on the nature of the act. For this
purpose, different categories of past act are defined by sections 229
to 232.
Subdivision A—Acts attributable to the Commonwealth
14 Validation of Commonwealth acts
(1) If a past act is an act attributable to the Commonwealth, the act is
valid, and is taken always to have been valid.
Effect of validation of law
(2) To avoid any doubt, if a past act validated by subsection (1) is the
making, amendment or repeal of legislation, subsection (1) does
not validate:
(a) the grant or issue of any lease, licence, permit or authority; or
(b) the creation of any interest in relation to land or waters;
under any legislation concerned, unless the grant, issue or creation
is itself a past act attributable to the Commonwealth.
Compilation No. 47
Native Title Act 1993
9
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021