Native Title Part 2 Confirmation of past extinguishment of native title by certain valid or validated acts Division 2B Section 23D Public works (2) If an act is a previous exclusive possession act under subsection 23B(7) (which deals with public works) and is attributable to the Commonwealth: (a) the act extinguishes 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 (b) the extinguishment is taken to have happened when the construction or establishment of the public work began. Other extinguishment provisions do not apply (3) If this section applies to the act, sections 15 and 22B do not apply to the act. 23D Preservation of beneficial reservations and conditions If: (a) a previous exclusive possession act attributable to the Commonwealth contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or (b) the doing of a previous exclusive possession act attributable to the Commonwealth would affect rights or interests (other than native title rights and interests) of Aboriginal peoples or Torres Strait Islanders (whether arising under legislation, at common law or in equity and whether or not rights of usage); nothing in section 23C affects that reservation or condition or those rights or interests. 23DA Confirmation of validity of use of certain land held by Crown etc. To avoid doubt, if the act is a previous exclusive possession act because of paragraph 23B(9C)(b) (which deals with grants to the Crown etc.), the use of the land or waters concerned as mentioned in that paragraph is valid. Compilation No. 47 Native Title Act 1993 27 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021