Native Title Part 2
Confirmation of past extinguishment of native title by certain valid or validated acts
Division 2B
Section 23B
(b) it consists of the construction or establishment of any public
work that commenced to be constructed or established on or
before 23 December 1996.
Exclusion of acts benefiting Aboriginal peoples or Torres Strait
Islanders
(9) An act is not a previous exclusive possession act if it is:
(a) the grant or vesting of any thing that is made or done by or
under legislation that makes provision for the grant or vesting
of such things only to, in or for the benefit of, Aboriginal
peoples or Torres Strait Islanders; or
(b) the grant or vesting of any thing expressly for the benefit of,
or to or in a person to hold on trust expressly for the benefit
of, Aboriginal peoples or Torres Strait Islanders; or
(c) the grant or vesting of any thing over particular land or
waters, if at the time a thing covered by paragraph (a) or (b)
is in effect in relation to the land or waters.
Note:
The expression Aboriginal peoples is defined in section 253.
Exclusion of national parks etc.
(9A) An act is not a previous exclusive possession act if the grant or
vesting concerned involves the establishment of an area, such as a
national, State or Territory park, for the purpose of preserving the
natural environment of the area.
Exclusion of acts where legislation provides for
non-extinguishment
(9B) An act is not a previous exclusive possession act if it is done by or
under legislation that expressly provides that the act does not
extinguish native title.
Compilation No. 47
Native Title Act 1993
25
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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