Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 24AB

Indigenous land use agreement provisions

  (1)   To the extent that a future act is covered by section   24EB (which deals with the effect of indigenous land use agreements on future acts), it is not covered by any of the sections listed in paragraphs 24AA(4)(a) to (k).

Other provisions

  (2)   To the extent that a future act is covered by a particular section in the list in paragraphs 24AA(4)(a) to (k), it is not covered by a section that is lower in the list.

Note:   It is important to know under which particular provision a future act is valid because the consequences in terms of compensation and procedural rights may be different.

  (3)   However, if, apart from subsection   (2), a future act could be covered, to any extent, by both section   24JAA and section   24KA, then:

  (a)   if the act is notified in accordance with subsections   24JAA(10) to (12), it is not covered, to that extent, by section   24KA; and

  (b)   if the act is not notified in accordance with subsections   24JAA(10) to (12), it is not covered, to that extent, by section   24JAA.

Note:   This allows for things, such as the construction of roads and electricity transmission or distribution facilities, to be done under either Subdivision JA or Subdivision K when done in connection with housing or facilities covered by Subdivision JA.