Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 24MB

Freehold test

  (1)   This Subdivision applies to a future act if:

  (a)   it is an act other than the making, amendment or repeal of legislation; and

  (b)   either:

  (i)   the act could be done in relation to the land concerned if the native title holders concerned instead held ordinary title to it; or

  (ii)   the act could be done in relation to the waters concerned if the native title holders concerned held ordinary title to the land adjoining, or surrounding, the waters; and

  (c)   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 to which the act relates; and

  (ii)   of particular significance to Aboriginal peoples or Torres Strait Islanders in accordance with their traditions.

Example:   An example of a future act covered by this subsection is the grant of a mining lease over land in relation to which there is native title when a mining lease would also be able to be granted over the land if the native title holders instead held ordinary title to it.

Opal or gem mining

  (2)   This Subdivision also applies to a future act if:

  (a)   it is an act other than the making, amendment or repeal of legislation; and

  (b)   it is not covered by subsection   (1); and

  (c)   it consists of the creation or variation of a right to mine for opals or gems; 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 to which the act relates; and

  (ii)   of particular significance to Aboriginal peoples or Torres Strait Islanders in accordance with their traditions.