Commonwealth Consolidated Acts Commonwealth Consolidated ActsCoverage of Subdivision
(1) This Subdivision applies to a future act if:
(a) it relates, to any extent, to an onshore place; and
(b) it either:
(i) permits or requires the construction, operation, use, maintenance or repair, by or on behalf of any person, of any of the things listed in subsection (2) that is to be operated, or is operated, for the general public; or
(ii) consists of the construction, operation, use, maintenance or repair, by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities, of any of the things listed in subsection (2) that is to be operated, or is operated, for the general public; and
(c) it does not prevent native title holders in relation to land or waters on which the thing is located or to be located from having reasonable access to such land or waters in the vicinity of the thing, except:
(i) while the thing is being constructed; or
(ii) for reasons of health and safety; and
(d) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be:
(i) in the area in which the act is done; and
(ii) of particular significance to Aboriginal peoples or Torres Strait Islanders in accordance with their traditions.
Compulsory acquisitions not covered
(1A) To avoid doubt, this Subdivision does not apply to a future act that is the compulsory acquisition of the whole or part of any native title rights and interests.
Facilities etc.
(2) For the purposes of paragraph (1)(b), the things are as follows:
(a) a road, railway, bridge or other transport facility (other than an airport or port);
(b) a jetty or wharf;
(c) a navigation marker or other navigational facility;
(d) an electricity transmission or distribution facility;
(e) lighting of streets or other public places;
(f) a gas transmission or distribution facility;
(g) a well, or a bore, for obtaining water;
(h) a pipeline or other water supply or reticulation facility;
(i) a drainage facility, or a levee or other device for management of water flows;
(j) an irrigation channel or other irrigation facility;
(k) a sewerage facility, other than a treatment facility;
(l) a cable, antenna, tower or other communication facility;
(la) an automatic weather station;
(m) any other thing that is similar to any one or more of the things mentioned in the paragraphs above.
Validation of act
(3) If this Subdivision applies to a future act, the act is valid.
Non - extinguishment principle
(4) The non - extinguishment principle applies to the act.
Compensation
(5) If any native title holders would be entitled to compensation under subsection 17(2) for the act on the assumption that it was a past act referred to in that section, the native title holders are entitled to compensation for the act in accordance with Division 5.
Who pays compensation
(6) The native title holders may recover the compensation from:
(a) if the act is attributable to the Commonwealth:
(i) if a law of the Commonwealth provides that a person other than the Crown in right of the Commonwealth is liable to pay the compensation--that person; or
(ii) if not--the Crown in right of the Commonwealth; or
(b) if the act is attributable to a State or Territory:
(i) if a law of the State or Territory provides that a person other than the Crown in any capacity is liable to pay the compensation--that person; or
(ii) if not--the Crown in right of the State or Territory.
Procedural rights
(7) The native title holders, and any registered native title claimants in relation to land or waters in the area concerned, have the same procedural rights as they would have in relation to the act on the assumption that they instead held:
(a) to the extent (if any) that the land concerned is covered by a non - exclusive agricultural lease (see section 247B) or a non - exclusive pastoral lease (see section 248B)--a lease of that kind; or
(b) to the extent (if any) that paragraph (a) does not apply--ordinary title;
covering any land concerned or covering the land adjoining, or surrounding, any waters concerned.
Native title rights and interests to be considered
(7A) If, in the exercise of those procedural rights, the native title holders are entitled to have matters considered, those matters include their native title rights and interests.
Satisfying the right to be notified
(8) If:
(a) because of subsection (7) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to notify them of the act; and
(b) there is no registered native title body corporate, or there are no registered native title bodies corporate, in relation to the whole of the land or waters in the area concerned;
then one way in which the person may give the required notification is by notifying, in the way determined, by legislative instrument, by the Commonwealth Minister for the purposes of this subsection the following that the act is to take place:
(c) any representative Aboriginal/Torres Islander bodies for that part of the area concerned for which there is no registered native title body corporate;
(d) any registered native title claimants in relation to land or waters in that part of the area concerned for which there is no registered native title body corporate.
Satisfying other procedural rights
(9) If:
(a) because of subsection (7) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to do any thing in relation to the native title holders; and
(b) there is no registered native title body corporate, or there are no registered native title bodies corporate, in relation to the whole of the land or waters in the area concerned;
then one way in which the person may give effect to the requirement is:
(c) by doing the thing in relation to any registered native title claimant in relation to land or waters in that part of the area concerned for which there is no registered native title body corporate; or
(d) if there are no such registered native title claimants--by ensuring that any representative Aboriginal/Torres Strait Islander bodies for that part of the area concerned for which there is no registered native title body corporate have an opportunity to comment on the doing of the act.