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

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