Native Title Part 2
Other provisions relating to native title Division 4
Section 47B
(ii) the validity of the creation of any other prior interest in
relation to the area; or
(iii) any interest of the Crown in any capacity, or of any
statutory authority, in any public works on the land or
waters concerned; and
(b) the non-extinguishment principle applies to the grant or
vesting or the creation of the trust or reservation or any other
prior interest.
Exclusion of Crown ownership of natural resources
(4) For the purposes of this section, a reference to the creation of an
interest in relation to an area does not include a reference to the
creation of an interest that confirms ownership of natural resources
by, or confers ownership of natural resources on, the Crown in any
capacity.
47B Vacant Crown land covered by claimant applications
When section applies
(1) This section applies if:
(a) a claimant application is made in relation to an area; and
(b) when the application is made, the area is not:
(i) covered by a freehold estate or a lease; or
(ii) covered by a reservation, proclamation, dedication,
condition, permission or authority, made or conferred
by the Crown in any capacity, or by the making,
amendment or repeal of legislation of the
Commonwealth, a State or a Territory, under which the
whole or a part of the land or waters in the area is to be
used for public purposes or for a particular purpose; or
(iii) subject to a resumption process (see paragraph (5)(b));
and
(c) when the application is made, one or more members of the
native title claim group occupy the area.
Compilation No. 47
Native Title Act 1993
179
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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