Native Title Part 2
Future acts etc. and native title Division 3
Section 24AB
Statutory access rights
(8) This Division confers access rights in respect of non-exclusive
agricultural and non-exclusive pastoral leases on certain persons
covered by registered native title claims (see Subdivision Q).
24AB Order of application of provisions
Indigenous land use agreement provisions
(1) To the extent that a future act is covered by section 24EB (which
deals with the effect of indigenous land use agreements on future
acts), it is not covered by any of the sections listed in paragraphs
24AA(4)(a) to (k).
Other provisions
(2) To the extent that a future act is covered by a particular section in
the list in paragraphs 24AA(4)(a) to (k), it is not covered by a
section that is lower in the list.
Note:
It is important to know under which particular provision a future act is
valid because the consequences in terms of compensation and
procedural rights may be different.
(3) However, if, apart from subsection (2), a future act could be
covered, to any extent, by both section 24JAA and section 24KA,
then:
(a) if the act is notified in accordance with
subsections 24JAA(10) to (12), it is not covered, to that
extent, by section 24KA; and
(b) if the act is not notified in accordance with
subsections 24JAA(10) to (12), it is not covered, to that
extent, by section 24JAA.
Note:
Compilation No. 47
This allows for things, such as the construction of roads and electricity
transmission or distribution facilities, to be done under either
Subdivision JA or Subdivision K when done in connection with
housing or facilities covered by Subdivision JA.
Native Title Act 1993
35
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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