Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen section applies
(1) This section applies if:
(a) an application under section 61 is made in relation to an area; and
(b) when the application is made, a pastoral lease is held over the area by:
(i) any of the persons who made the application claiming to hold the native title or any other persons with whom they claimed to hold the title; or
(ii) a trustee, on trust for any of those persons; or
(iii) a company whose only shareholders or, in the case of a body corporate without shareholders, members are any of those persons.
Prior extinguishment to be disregarded
(2) For all purposes under this Act in relation to the application, any extinguishment of the native title rights and interests by any of the following acts must be disregarded:
(a) the grant of the lease itself;
(b) the creation of any other interest itself in relation to the area;
(c) the doing of any act under the lease or by virtue of holding the interest.
Note: The applicant will still need to show the existence of any connection with the land or waters concerned that may be required by the common law concept of native title.
Effect of determination
(3) If the determination on the application is that the native title exists and is held by the persons mentioned in subparagraph (1)(b)(i), (ii) or (iii):
(a) the determination does not affect:
(i) the validity of the lease; or
(ii) any interest of the Crown in any capacity, or of any statutory authority, in any public works on the land or waters concerned; and
(b) the non - extinguishment principle applies in relation to the grant of the lease and any other prior act affecting the native title; and
(c) any person, trustee or company holding the lease as mentioned in subparagraph (1)(b)(i), (ii) or (iii) has no procedural rights as holder of the lease in relation to any act, in relation to the land or waters, to which Subdivision P of Division 3 (which deals with the right to negotiate) applies.