Part 2 Native Title
Division 3 Future acts etc. and native title
Section 24AA
(c) section 24GD (acts permitting off-farm activities directly
connected to primary production activities);
(d) section 24GE (granting rights to third parties etc. on
non-exclusive agricultural or pastoral leases);
(e) section 24HA (management of water and airspace);
(f) section 24IA (acts involving renewals and extensions etc. of
acts);
(fa) section 24JAA (public housing etc.);
(g) section 24JA (acts involving reservations, leases etc.);
(h) section 24KA (acts involving facilities for services to the
public);
(i) section 24LA (low impact future acts);
(j) section 24MD (acts that pass the freehold test—but see
subsection (5));
(k) section 24NA (acts affecting offshore places).
Right to negotiate
(5) In the case of certain acts covered by section 24IC (permissible
lease etc. renewals) or section 24MD (acts that pass the freehold
test), for the acts to be valid it is also necessary to satisfy the
requirements of Subdivision P (which provides a “right to
negotiate”).
Extinguishment/non-extinguishment; procedural rights and
compensation
(6) This Division provides that, in general, valid future acts are subject
to the non-extinguishment principle. The Division also deals with
procedural rights and compensation for the acts.
Activities etc. prevail over native title
(7) To avoid doubt, section 44H provides that a valid lease, licence,
permit or authority, and any activity done under it, prevail over any
native title rights and interests and their exercise.
34
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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