Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 229

Section defines expression

  (1)   This section defines the expression category A past act .

Grant of certain freehold estates

  (2)   A past act consisting of the grant of a freehold estate is a category A past act if:

  (a)   either:

  (i)   the grant was made before 1   January 1994 and the estate existed on 1   January 1994; or

  (ii)   the grant was made on or after 1   January 1994 and it is a past act because subsection   228(3) (which deals with such things as the exercise of options) or 228(9) (which deals with other extensions etc. of earlier acts) applies; and

  (b)   the grant is not:

  (i)   a grant by the Crown in any capacity to the Crown, or to a statutory authority of the Crown, in any capacity; or

  (ii)   a grant made by or under legislation that grants freehold estates only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

  (iii)   a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders.

Grant of certain leases

  (3)   A past act consisting of the grant of:

  (a)   a commercial lease, an agricultural lease, a pastoral lease or a residential lease; or

  (b)   what is taken by subsection   245(3) (which deals with the dissection of mining leases into certain other leases) to be a separate lease in respect of land or waters mentioned in paragraph   (a) of that subsection;

is a category A past act if:

  (c)   either:

  (i)   the grant was made before 1   January 1994 and the lease was in force on 1   January 1994; or

  (ii)   the grant was made on or after 1   January 1994 and it is a past act because subsection   228(3) or (9) applies; and

  (d)   the grant is not:

  (i)   a grant by the Crown in any capacity to the Crown, or to a statutory authority of the Crown, in any capacity; or

  (ii)   a grant made by or under legislation that grants leases only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

  (iii)   a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

  (iv)   a grant over land or waters that, on 1   January 1994, are Aboriginal/Torres Strait Islander land or waters.

Construction of public works

  (4)   A past act consisting of the construction or establishment of any public work is a category A past act if:

  (a)   the work commenced to be constructed or established before 1   January 1994 and the construction or establishment had not been completed by that day; or

  (b)   the work was constructed or established before 1   January 1994 and still existed on that day; or

  (c)   the work was constructed or established on or after 1   January 1994 and the construction or establishment is a past act because subsection   228(9) applies.