Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 24JB

Validation of act

  (1)   If this Subdivision applies to a future act, the act is valid.

Extinguishment consequences--public works

  (2)   If the act consists of the construction or establishment of a public work:

  (a)   the act extinguishes any native title in relation to the land or waters on which the public work (on completion of its construction or establishment) is situated; and

  (b)   the extinguishment is taken to have happened when the construction or establishment of the public work began.

Extinguishment consequences--not public works

  (3)   If the act does not consist of the construction or establishment of a public work, the non - extinguishment principle applies to the act.

Compensation

  (4)   The native title holders 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 of public works

  (6)   If the act consists of the construction or establishment of a public work, then, 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 covered by the reservation or lease that the act, or acts of that class, are to be done in relation to the land or waters; and

  (b)   give them an opportunity to comment on the act or class of acts.

Notification of national, State and Territory park management plans

  (7)   If the act consists of the creation of a plan for the management of a national, State or Territory park intended to preserve the natural environment of an area, then, 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 covered by the plan that the act is to be done in relation to the land or waters; and

  (b)   give them an opportunity to comment on the act.