Native Title Part 2
Validation of intermediate period acts etc. Division 2A
Section 22A
Subdivision B—Acts attributable to the Commonwealth
22A Validation of Commonwealth acts
If an intermediate period act is an act attributable to the
Commonwealth, the act is valid, and is taken always to have been
valid.
22B Effect of validation on native title
Subject to subsection 24EBA(6), if an intermediate period act is an
act attributable to the Commonwealth:
(a) if it is a category A intermediate period act to which
subsection 232B(2), (3) or (4) (which deal with things such
as the grant or vesting of freehold estates and certain leases)
applies—the act extinguishes all native title in relation to the
land or waters concerned; and
(b) if it is a category A intermediate period act to which
subsection 232B(7) (which deals with public works) applies:
(i) the act extinguishes the 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
(ii) the extinguishment is taken to have happened when the
construction or establishment began; and
(c) if it is a category B intermediate period act that is wholly or
partly inconsistent with the continued existence, enjoyment
or exercise of the native title rights and interests concerned—
the act extinguishes the native title to the extent of the
inconsistency; and
(d) if it is a category C intermediate period act or a category D
intermediate period act—the non-extinguishment principle
applies to the act.
Note:
Compilation No. 47
This section does not apply to the act if section 23C or 23G applies to
the act.
Native Title Act 1993
15
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021