Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a future act if:
(a) a non - exclusive agricultural lease (see section 247B) or a non - exclusive pastoral lease (see section 248B) 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 while the lease (including as renewed on one or more occasions) is in force; and
(d) the future act is not the grant of a lease; and
(e) the future act confers on any person (including the lessee) a right:
(i) to cut and remove timber; or
(ii) to extract, obtain or remove sand, gravel, rocks, soil or other resources (except so far as doing so constitutes mining);
from the area covered by the non - exclusive agricultural lease or non - exclusive pastoral lease; and
(f) before the future act is done, the person proposing to do the act:
(i) has notified, 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 covered by the non - exclusive agricultural lease or non - exclusive pastoral lease that the act, or acts of that class, are to be done in relation to the particular land or waters; and
(ii) has given them an opportunity to comment on the act or class of acts.
Note: For the renewal, re - grant, re - making or extension of certain acts covered by this section, see Subdivision I.
Validation of act
(2) The future 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.