Native Title Part 2
Future acts etc. and native title Division 3
Section 24ID
(a) the new authority, or the new authorities together, cover a
smaller area than the old authority;
(b) the term of the new authority, or of any of the new
authorities, is longer than the term of the old authority;
(c) the new authority or any of the new authorities is a perpetual
lease (other than a mining lease);
(d) if the new authority or any of the new authorities is a
non-exclusive agricultural lease or a non-exclusive pastoral
lease—the new authority permits or requires the carrying on
of an activity that the old authority did not permit or require
and that consists of:
(i) a primary production activity (see section 24GA); or
(ii) another activity, on the area covered by the new
authority or of any of the new authorities, that is
associated with or incidental to a primary production
activity, provided that, when the other activity is being
carried on, the use of the majority of the area covered by
the new authority, or the new authorities together, will
be for primary production activities.
24ID Effect of Subdivision applying to an act
(1) If this Subdivision applies to a future act:
(a) subject to Subdivision P (which deals with the right to
negotiate), the act is valid; and
Note:
Subdivision P applies only to certain renewals of mining leases
etc.: see subsections 26(1A) and 26D(1).
(b) if the act consists of the grant of a freehold estate, or the
conferral of a right of exclusive possession, over particular
land or waters—the act extinguishes any native title in
relation to the land or waters; and
Note:
The only acts to which this paragraph applies are certain acts
covered by section 24IB.
(c) in any other case—the non-extinguishment principle applies
to the act; and
(d) in any case—the native title holders are entitled to
compensation for the act in accordance with Division 5.
Compilation No. 47
Native Title Act 1993
87
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
Выберите целевой абзац3
Подключиться к абзацу
Connect to an entity
Disable highlights
Добавить в оглавление