Native Title Part 2
Future acts etc. and native title Division 3
Section 24JAA
Validation of act
(4) If this Subdivision applies to a future act, then, subject to
subsections (5) and (6), the act is valid.
(5) An act to which this Subdivision applies is invalid to the extent that
it affects native title unless:
(a) if the act is covered by subparagraph (1)(c)(i)—before it is
done; or
(b) if the act is covered by subparagraph (1)(c)(ii)—before it is
commenced;
the action body:
(c) gives notice of, and an opportunity to comment on, the act in
accordance with subsections (10) to (12); and
(d) provides a report to the Commonwealth Minister in
accordance with subsection (16).
(6) An act to which this Subdivision applies is invalid to the extent that
it affects native title if:
(a) if the act is covered by subparagraph (1)(c)(i)—it is done
before; or
(b) if the act is covered by subparagraph (1)(c)(ii)—it is
commenced before;
the end of the consultation period.
Non-extinguishment principle
(7) The non-extinguishment principle applies to the act.
Compensation
(8) If any native title holders would be entitled to compensation under
subsection 17(2) for the act on the assumption that it was a past act
referred to in that section, the native title holders are entitled to
compensation for the act in accordance with Division 5.
Who pays compensation
(9) The native title holders may recover the compensation from:
Compilation No. 47
Native Title Act 1993
91
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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