Part 2 Native Title
Division 3 Future acts etc. and native title
Section 24GD
Activities prevail over native title etc.
(2) To avoid doubt:
(a) the doing of any activity mentioned in paragraph (1)(c)
prevails over any native title rights and interests and any
exercise of those rights and interests, but does not extinguish
them; and
(b) the existence and exercise of native title rights and interests
do not prevent the carrying on of any such activity.
Note:
This subsection is not intended to imply that the person carrying on
the activity is not subject to the laws of a State or Territory.
Compensation
(3) Native title holders are not entitled to compensation under this Act
for the carrying on of the activity.
Note:
Any compensation to which the native title holders may be entitled
under this Act for the grant of the lease, or other authority for the
doing of the activity, may take into account the doing of the activity.
24GD Acts permitting off-farm activities that are directly connected
to primary production activities
(1) This section applies to a future act if:
(a) a freehold estate, an agricultural lease (see section 247) or a
pastoral lease (see section 248) was granted on or before
23 December 1996; and
(b) the grant was valid (including because of Division 2 or 2A);
and
Note:
As at the commencement of this section, grants before 1 January
1994 that were invalid because of native title have been validated
by or under Division 2.
(c) the future act takes place after 23 December 1996; and
(d) the future act is not:
(i) the grant of a lease; or
(ii) any act that confers a right of exclusive possession over
land; and
78
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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