Native Title Part 2
Future acts etc. and native title Division 3
Section 24GD
(e) the future act permits or requires the carrying on of grazing,
or an activity consisting of or relating to gaining access to or
taking water, that:
(i) takes place while the freehold estate exists or the
agricultural lease or pastoral lease (including as
renewed on one or more occasions) is in force; and
(ii) is directly connected to the carrying on of any primary
production activity on the area covered by the freehold
estate or the agricultural lease or pastoral lease; and
(iii) takes place in an area adjoining or near the area covered
by the freehold estate or the agricultural lease or
pastoral lease; and
(iv) does not prevent native title holders in relation to land
or waters in the area in which the activity will be carried
on from having reasonable access to the area; and
(f) if:
(i) before the future act is done, an approved determination
of native title is made in relation to the land or waters on
which any activity permitted or required by the future
act takes place; and
(ii) the determination is that native title exists in relation to
the land or waters and that the native title rights and
interests confer exclusive possession of the land or
waters on the native title holders;
the doing of the activity is not inconsistent with the exercise
of the native title rights and interests.
Example 1: An example of an act covered by this section is the conferral of rights
to graze cattle in an area adjoining that covered by an agricultural
lease or pastoral lease, if the cattle are also grazed in the area covered
by the lease.
Example 2: Another example is the conferral of rights to take water from an area
near that covered by an agricultural lease or pastoral lease, if the water
is for use in carrying on primary production activities in the area
covered by the lease.
Note:
Compilation No. 47
For the renewal, re-grant, re-making or extension of certain acts
covered by this section, see Subdivision I.
Native Title Act 1993
79
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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