Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a future act if:
(a) a freehold estate, an agricultural lease (see section 247) or a pastoral lease (see section 248) was granted on or before 23 December 1996; and
(b) the grant was valid (including because of Division 2 or 2A); and
Note: As at the commencement of this section, grants before 1 January 1994 that were invalid because of native title have been validated by or under Division 2.
(c) the future act takes place after 23 December 1996; and
(d) the future act is not:
(i) the grant of a lease; or
(ii) any act that confers a right of exclusive possession over land; and
(e) the future act permits or requires the carrying on of grazing, or an activity consisting of or relating to gaining access to or taking water, that:
(i) takes place while the freehold estate exists or the agricultural lease or pastoral lease (including as renewed on one or more occasions) is in force; and
(ii) is directly connected to the carrying on of any primary production activity on the area covered by the freehold estate or the agricultural lease or pastoral lease; and
(iii) takes place in an area adjoining or near the area covered by the freehold estate or the agricultural lease or pastoral lease; and
(iv) does not prevent native title holders in relation to land or waters in the area in which the activity will be carried on from having reasonable access to the area; and
(f) if:
(i) before the future act is done, an approved determination of native title is made in relation to the land or waters on which any activity permitted or required by the future act takes place; and
(ii) the determination is that native title exists in relation to the land or waters and that the native title rights and interests confer exclusive possession of the land or waters on the native title holders;
the doing of the activity is not inconsistent with the exercise of the native title rights and interests.
Example 1: An example of an act covered by this section is the conferral of rights to graze cattle in an area adjoining that covered by an agricultural lease or pastoral lease, if the cattle are also grazed in the area covered by the lease.
Example 2: Another example is the conferral of rights to take water from an area near that covered by an agricultural lease or pastoral lease, if the water is for use in carrying on primary production activities in the area covered by the lease.
Note: For the renewal, re - grant, re - making or extension of certain acts covered by this section, see Subdivision I.
Validation of act
(2) If this section applies to a future act, the act is valid.
Non - extinguishment principle
(3) The non - extinguishment principle applies to the act.
Compensation
(4) The native title holders concerned are entitled to compensation for the act in accordance with Division 5.
Who pays compensation
(5) The compensation is payable by:
(a) if the act is attributable to the Commonwealth--the Crown in right of the Commonwealth; or
(b) if the act is attributable to a State or Territory--the Crown in right of the State or Territory.
Notification
(6) Before the act is done, the person proposing to do the act must:
(a) notify, in the way determined, by legislative instrument, by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters that will be affected by the act that the act, or acts of that class, are to be done in relation to the land or waters concerned; and
(b) give them an opportunity to comment on the act or class of acts.