Native Title Part 2 Confirmation of past extinguishment of native title by certain valid or validated acts Division 2B Section 23G (ii) in good faith in giving effect to, or otherwise because of, an offer, commitment, arrangement or undertaking made or given in good faith on or before 23 December 1996, and of which there is written evidence created at or about the time the offer, commitment, arrangement or undertaking was made. Exclusion by regulation (4) The regulations may provide that an act is not a previous non-exclusive possession act. 23G Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of Commonwealth (1) Subject to subsection (2), if a previous non-exclusive possession act (see section 23F) is attributable to the Commonwealth: (a) to the extent that the act involves the grant of rights and interests that are not inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned, the rights and interests granted, and the doing of any activity in giving effect to them, prevail over the native title rights and interests but do not extinguish them; and (b) to the extent that the act involves the grant of rights and interests that are inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned: (i) if, apart from this Act, the act extinguishes the native title rights and interests—the native title rights and interests are extinguished; and (ii) in any other case—the native title rights and interests are suspended while the lease concerned, or the lease as renewed, re-made, re-granted or extended, is in force; and (c) any extinguishment under this subsection is taken to have happened when the act was done. Compilation No. 47 Native Title Act 1993 29 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021