Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A Scheduled interest is:
(a) anything set out in Schedule 1, other than a mining lease or anything whose grant or vesting is covered by subsection 23B(9), (9A), (9B), (9C) or (10) (which provide that certain acts are not previous exclusive possession acts); or
(b) an interest, in relation to land or waters, of a type declared by a regulation for the purposes of this paragraph to be a Scheduled interest.
Regulations to cover single type of interest only
(2) A particular regulation only has effect for the purposes of paragraph (1)(b) if it covers a single type of interest.
Regulations to cover exclusive possession interests only
(3) Before the Governor - General makes a regulation for the purposes of paragraph (1)(b) declaring a particular interest to be a Scheduled interest, the Minister must be satisfied that the interest confers a right of exclusive possession that extinguishes all native title rights and interests over the land or waters concerned.