Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 24EBA

Coverage of section

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

  (a)   details are on the Register of Indigenous Land Use Agreements of an agreement that includes a statement to the effect that the parties agree to:

  (i)   the validating of a particular future act (other than an intermediate period act), or future acts (other than intermediate period acts) included in classes, that have already been done invalidly; or

Note:   Intermediate period acts are or can be validated only under Division   2A.

  (ii)   the validating, subject to conditions, of a particular future act (other than an intermediate period act), or of future acts (other than intermediate period acts) included in classes, that have already been done invalidly; or

  (iii)   changing the effects, that are provided for by section   22B (which relates to native title rights and interests) or by a law of a State or Territory that contains provisions to the same effect, of an intermediate period act or of intermediate period acts included in classes; and

  (b)   whichever of the Commonwealth, the State or the Territory to which the act or class of acts is attributable is a party to the agreement; and

  (c)   where, whether under the agreement or otherwise, a person other than the Crown in right of the Commonwealth, a State or a Territory is or may become liable to pay compensation in relation to the act or class of acts--that person is a party to the agreement.

Commonwealth future acts valid

  (2)   If subparagraph   (1)(a)(i) or (ii) applies and the future act or class of future acts is attributable to the Commonwealth, the act or class of acts is valid, and is taken always to have been valid.

State or Territory laws may validate their future acts

  (3)   If subparagraph   (1)(a)(i) or (ii) applies and the future act or class of future acts is attributable to a State or Territory, a law of the State or the Territory may provide that the act or class of acts is valid, and is taken always to have been valid. The law may do so by applying to all acts, to classes of acts, or to particular acts, to which subparagraph   (1)(a)(i) or (ii) applies in respect of which the requirements of subsection   (1) are or become satisfied.

Non - extinguishment principle applies to future acts

  (4)   If subsection   (2) applies or a law makes provision in accordance with subsection   (3), the non - extinguishment principle applies to the act or class of acts unless:

  (a)   the act or class of acts is the surrender of native title; and

  (b)   the agreement includes a statement to the effect that the surrender is intended to have extinguished the native title rights and interests.

Compensation consequences of future acts

  (5)   If subsection   (2) applies or a law makes provision in accordance with subsection   (3), the consequences set out in subsection   24EB(4), (5) or (6), and the consequences set out in subsection   24EB(7), apply to the act or to each of the acts in the class.

Changing the effects of validated acts

  (6)   If subparagraph   (1)(a)(iii) applies, the effects mentioned in that subparagraph are changed in accordance with the agreement.

Removal of agreement from the Register

  (7)   To avoid doubt, removal of the details of an agreement from the Register of Indigenous Land Use Agreements does not affect:

  (a)   the validity of a future act validated by subsection   (2) or a law of a State or Territory mentioned in subsection   (3); or

  (b)   the effects of an intermediate period act that have been changed under subsection   (6).