Part 2 Native Title
Division 3 Future acts etc. and native title
Section 24EBA
(c) where, whether under the agreement or otherwise, a person
other than the Crown in right of the Commonwealth, a State
or a Territory is or may become liable to pay compensation
in relation to the act or class of acts—that person is a party to
the agreement.
Commonwealth future acts valid
(2) If subparagraph (1)(a)(i) or (ii) applies and the future act or class of
future acts is attributable to the Commonwealth, the act or class of
acts is valid, and is taken always to have been valid.
State or Territory laws may validate their future acts
(3) If subparagraph (1)(a)(i) or (ii) applies and the future act or class of
future acts is attributable to a State or Territory, a law of the State
or the Territory may provide that the act or class of acts is valid,
and is taken always to have been valid. The law may do so by
applying to all acts, to classes of acts, or to particular acts, to which
subparagraph (1)(a)(i) or (ii) applies in respect of which the
requirements of subsection (1) are or become satisfied.
Non-extinguishment principle applies to future acts
(4) If subsection (2) applies or a law makes provision in accordance
with subsection (3), the non-extinguishment principle applies to the
act or class of acts unless:
(a) the act or class of acts is the surrender of native title; and
(b) the agreement includes a statement to the effect that the
surrender is intended to have extinguished the native title
rights and interests.
Compensation consequences of future acts
(5) If subsection (2) applies or a law makes provision in accordance
with subsection (3), the consequences set out in
subsection 24EB(4), (5) or (6), and the consequences set out in
subsection 24EB(7), apply to the act or to each of the acts in the
class.
68
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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