Native Title Part 2
Future acts etc. and native title Division 3
Section 24HA
Leases, licences etc.
(2) This section also applies to a future act consisting of the grant of a
lease, licence, permit or authority under legislation that:
(a) is valid (including because of this Act); and
(b) relates to the management or regulation of:
(i) surface and subterranean water; or
(ii) living aquatic resources; or
(iii) airspace.
In this paragraph, water means water in all its forms and
management or regulation of water includes granting access
to water, or taking water.
Validity of act
(3) The act is valid.
Non-extinguishment principle
(4) The non-extinguishment principle applies to the act.
Compensation
(5) The native title holders concerned are entitled to compensation for
the act in accordance with Division 5.
Who pays compensation
(6) The compensation is payable by:
(a) if the act is attributable to the Commonwealth—the Crown in
right of the Commonwealth; or
(b) if the act is attributable to a State or Territory—the Crown in
right of the State or Territory.
Notification
(7) Before an act covered by subsection (2) is done, the person
proposing to do the act must:
Compilation No. 47
Native Title Act 1993
83
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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