Commonwealth Consolidated Acts Commonwealth Consolidated ActsA category B past act is a past act consisting of the grant of a lease where:
(a) the grant is not a category A past act; and
(b) the lease is not a mining lease; and
(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) (which deals with such things as the exercise of options) or (9) (which deals with other extensions etc. of earlier acts) 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.