Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 22B

    Subject to subsection   24EBA(6), if an intermediate period act is an act attributable to the Commonwealth:

  (a)   if it is a category A intermediate period act to which subsection   232B(2), (3) or (4) (which deal with things such as the grant or vesting of freehold estates and certain leases) applies--the act extinguishes all native title in relation to the land or waters concerned; and

  (b)   if it is a category A intermediate period act to which subsection   232B(7) (which deals with public works) applies:

  (i)   the act extinguishes the native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated; and

  (ii)   the extinguishment is taken to have happened when the construction or establishment began; and

  (c)   if it is a category B intermediate period act that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned--the act extinguishes the native title to the extent of the inconsistency; and

  (d)   if it is a category C intermediate period act or a category D intermediate period act--the non - extinguishment principle applies to the act.

Note:   This section does not apply to the act if section   23C or 23G applies to the act.