Part 2 Native Title
Division 3 Future acts etc. and native title
Section 26
(a) section 24IC (which deals with permissible lease etc.
renewals) applies to the act; and
(b) the act is done by the Commonwealth, a State or a Territory
(the Government party); and
(c) the renewal, re-grant, re-making or extension of the term of
the lease, licence, permit or authority concerned creates a
right to mine.
Subdivision also applies to certain future acts
(1) This Subdivision also applies to a future act if:
(a) Subdivision M (which deals with acts that pass the freehold
test) applies to the act; and
Note:
That Subdivision only applies to an act to the extent that the act
relates to an onshore place: see section 24MC.
(b) the act is done by the Commonwealth, a State or a Territory
(the Government party); and
(c) subject to this section, the act is:
(i) the creation of a right to mine, whether by the grant of a
mining lease or otherwise, except one created for the
sole purpose of the construction of an infrastructure
facility (see section 253) associated with mining; or
Note:
Rights to mine created for the sole purpose of the
construction of an infrastructure facility associated with
mining are dealt with in subsection 24MD(6B).
(ii) the variation of such a right, to extend the area to which
it relates; or
(iii) the compulsory acquisition of native title rights and
interests, unless:
(A) the purpose of the acquisition is to confer rights
or interests in relation to the land or waters
concerned on the Government party and the
Government party makes a statement in writing
to that effect before the acquisition takes place;
or
(B) the purpose of the acquisition is to provide an
infrastructure facility; or
118
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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