Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 28

  (1)   Subject to this Act, an act to which this Subdivision applies is invalid to the extent that it affects native title unless, before it is done, the requirements of one of the following paragraphs are satisfied:

  (a)   by the end of the period of 4 months after the notification day for the act (see subsection   29(4)), there is no native title party in relation to any of the land or waters that will be affected by the act;

  (b)   after the end of that period, but immediately before the act is done, there is no native title party in relation to any of the land or waters that will be affected by the act;

  (c)   subsection   32(2) (which applies if no objection is made after the giving of a notice that the act attracts the expedited procedure) allows the act to be done;

  (d)   a determination is made under subsection   32(4) that the act is an act attracting the expedited procedure;

  (e)   native title parties have lodged one or more objections in relation to the act under subsection   32(3), but all such objections are withdrawn under subsection   32(6);

  (f)   an agreement of the kind mentioned in paragraph   31(1)(b) is made;

  (g)   a determination is made under section   36A or 38 that the act may be done, or may be done subject to conditions being complied with;

  (h)   a determination that the act must not be done is declared to be overruled in accordance with section   42.

Breach of undertaking to trustee

  (2)   Even if, before the act is done, the requirements of one of paragraphs   (1)(c) to (h) are satisfied, the act is nevertheless invalid to the extent it affects native title if:

  (a)   in a case where an amount is to be secured by bank guarantee in favour of the Registrar in compliance with a condition of a determination made under section   36A or 38 or a declaration made under section   42:

  (i)   the Registrar is informed by the Government party as mentioned in item   2 of the table in subsection   52(2) that it no longer proposes to do the act; and

  (ii)   the Government party does the act without again complying with the requirements of this Subdivision; or

  (b)   in a case where a trustee is holding an amount in trust under this Subdivision in respect of the act until it is dealt with in accordance with section   52A:

  (i)   the trustee is informed by the Government party as mentioned in paragraph   52A(1)(b) that it no longer proposes to do the act; and

  (ii)   the Government party does the act without again complying with the requirements of this Subdivision.