Commonwealth Consolidated Acts Commonwealth Consolidated ActsReservations etc.
(1) This Subdivision applies to a future act (the later act ) if:
(a) an act (the earlier act ) took place before the later act and on or before 23 December 1996; and
(b) the earlier act was valid (including because of Division 2 or 2A); and
(c) the earlier act:
(i) was done by the Crown in right of the Commonwealth, a State or Territory; or
(ii) consisted of the making, amendment or repeal of legislation by the Commonwealth, a State or Territory: and
(d) the earlier act contained, made or conferred a reservation, proclamation, dedication, condition, permission or authority (the reservation ) under which the whole or part of any land or waters was to be used for a particular purpose; and
(e) the later act is done in good faith:
(i) under or in accordance with the reservation; or
(ii) in the area covered by the reservation, so long as the act's impact on native title is no greater than the impact that any act that could have been done under or in accordance with the reservation would have had.
Example 1: A future act consisting of the creation of a national park management plan might be covered by subparagraph (e)(i), if the land concerned was reserved for the establishment of the national park before 23 December 1996.
Example 2: A future act consisting of the grant of a forestry licence might be covered by that subparagraph, if the grant is done under or in accordance with a dedication for forestry purposes made before 23 December 1996.
Example 3: Subparagraph (e)(ii) might apply if particular land was reserved as a hospital site before 23 December 1996, and instead a school is later built on the land.
Leases
(2) This Subdivision also applies to a future act (the later act ) if:
(a) an act (the earlier act ) took place before the later act and on or before 23 December 1996; and
(b) the earlier act was valid (including because of Division 2 or 2A); and
(c) the earlier act was done by the Crown in right of the Commonwealth, a State or a Territory; and
(d) the earlier act consisted of the grant of a lease to a statutory authority of the Commonwealth, the State or the Territory, where:
(i) under the lease, the whole or part of any land or waters covered by the lease was to be used for a particular purpose; or
(ii) there is written evidence, created at any time on or before 23 December 1996 by the Commonwealth, the State or the Territory, that the whole or part of any land or waters covered by the lease was to be used for a particular purpose; and
(e) the later act is done in good faith and consists of the use, by the statutory authority or any person, of the land or waters for the particular purpose.