Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 23F

  (1)   This section defines previous non - exclusive possession act .

Acts on or before 23.12.96

  (2)   An act is a previous non - exclusive possession act if:

  (a)   it is valid (including because of Division   2 or 2A of Part   2); and

Note:   As at the commencement of this section, acts such as grants before 1   January 1994 that were invalid because of native title have been validated by or under Division   2.

  (b)   it takes place on or before 23   December 1996; and

  (c)   it consists of the grant of a non - exclusive agricultural lease (see section   247B) or a non - exclusive pastoral lease (see section   248B).

Acts after 23.12.96

  (3)   An act is also a previous non - exclusive possession act if:

  (a)   it takes place after 23   December 1996; and

  (b)   it would be a previous non - exclusive possession act under subsection   (2) if that subsection were not limited in its application to acts taking place on or before 23   December 1996; and

  (c)   it takes place:

  (i)   in exercise of a legally enforceable right created by any act done on or before 23   December 1996; or

  (ii)   in good faith in giving effect to, or otherwise because of, an offer, commitment, arrangement or undertaking made or given in good faith on or before 23   December 1996, and of which there is written evidence created at or about the time the offer, commitment, arrangement or undertaking was made.

Exclusion by regulation

  (4)   The regulations may provide that an act is not a previous non - exclusive possession act .