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
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