Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 24EB

Coverage of section

  (1)   The consequences set out in this section apply if:

  (a)   a future act is done; and

  (b)   when it is done, there are on the Register of Indigenous Land Use Agreements details of an agreement that includes a statement to the effect that the parties consent to:

  (i)   the doing of the act or class of act in which the act is included; or

  (ii)   the doing of the act, or class of act in which the act is included, subject to conditions; and

  (c)   if the act is, apart from this Subdivision, an act to which Subdivision P (which deals with the right to negotiate) applies--the agreement also includes a statement to the effect that Subdivision P is not intended to apply; and

Note:   The fact that, under the "right to negotiate" provisions in Subdivision P, agreements can be made after notice of an act is given as mentioned in section   29 does not prevent an indigenous land use agreement being made that consents to the doing of the act.

  (d)   if the act is the surrender of native title under an agreement covered by Subdivision B or C--the agreement also includes a statement to the effect that the surrender is intended to extinguish the native title rights and interests.

Validation of act

  (2)   The act is valid to the extent that it affects native title in relation to land or waters in the area covered by the agreement.

  (2A)   To avoid doubt, removal of the details of an agreement from the Register of Indigenous Land Use Agreements does not affect the validity of a future act done while the details were on the Register.

Non - extinguishment principle

  (3)   Unless a statement of the kind mentioned in paragraph   (1)(d) in relation to the act is included in the agreement, the non - extinguishment principle applies to the act.

Restriction on compensation where Subdivision B agreement

  (4)   In the case of an agreement under Subdivision B, the following are not entitled to any compensation for the act under this Act, other than compensation provided for in the agreement:

  (a)   any registered native title body corporate who is a party to the agreement;

  (b)   any common law holder of native title:

  (i)   for whom such a registered native title body corporate holds native title rights and interests on trust; or

  (ii)   of whom such a registered native title body corporate is the agent or representative;

Note:   For the definition of common law holder, see section   56.

  (c)   any native title holder who is entitled to any of the benefits provided under the agreement.

Restriction on compensation where Subdivision C agreement

  (5)   In the case of an agreement under Subdivision C, the following are not entitled to any compensation for the act under this Act, other than compensation provided for in the agreement:

  (a)   any native title holder who is entitled to any of the benefits provided under the agreement;

  (b)   any native title holder who authorised the making of the agreement as mentioned in:

  (i)   if the application was certified by representative Aboriginal/Torres Strait Islander bodies as mentioned in paragraph   24CG(3)(a)--paragraph   203BE(5)(b); or

  (ii)   if the application included statements as mentioned in paragraph   24CG(3)(b) to the effect that certain requirements have been met (in summary, relating to identifying all native title holders and ensuring that they have authorised the making of the agreement)--that paragraph.

Restriction on compensation where Subdivision D agreement

  (6)   In the case of an agreement under Subdivision D, no native title holder who is entitled to any of the benefits provided under the agreement is entitled to any compensation for the act under this Act, other than compensation provided for in the agreement.

Compensation under Division   5

  (7)   If any native title holder in relation to the land or waters covered by the agreement (except one who, because of subsection   (4), (5) or (6), is not entitled to compensation other than that provided for in the agreement) would be entitled to compensation under subsection   17(2) for the act on the assumption that it was a past act referred to in that subsection:

  (a)   he or she is entitled, in accordance with Division   5, to compensation for the act; and

  (b)   he or she may recover the compensation from:

  (i)   if subparagraph   (ii) does not apply--the Crown in right of the Commonwealth, a State or a Territory (according to whether the act is attributable to the Commonwealth, the State or the Territory); or

  (ii)   any person or persons who, under an agreement in writing with the Commonwealth, the State or the Territory, are liable to pay the compensation.