{"id":"titles-validation-act-1995","name":"Titles Validation Act 1995","slug":"titles-validation-act-1995","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110690,"registerId":"wa-titles-validation-act-1995-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Titles Validation Act 1995","content":"![Crest]()Western Australia\n\nTitles (Validation) and Native Title (Effect of Past Acts) Act 1995\n\nWestern Australia\n\nTitles (Validation) and Native Title (Effect of Past Acts) Act 1995\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Act binds Crown 2\n\n4. Interpretation 2\n\nPart 2 — Validation of past acts\n\n5. Validation of past acts attributable to State (s. 19 NTA) 3\n\n6. Effect of validation: category A past acts that are not public works (s. 19 and 15(1)(a) NTA) 3\n\n7. Effect of validation: category A past acts that are public works (s. 19 and 15(1)(b) NTA) 3\n\n8. Effect of validation: inconsistent category B past acts (s. 19 and 15(1)(c) NTA) 4\n\n9. Effect of validation: category C and category D past acts (s. 19 and 15(1)(d) NTA) 4\n\n10. Extinguishment does not confer right to eject or remove Aboriginal persons (s. 19 and 15(2) NTA) 4\n\n11. Preservation of beneficial reservations and conditions (s. 19 and 16 NTA) 5\n\n12. Compensation (s. 20 and 17 NTA) 5\n\nPart 2A — Validation of intermediate period acts\n\n12A. Validation of intermediate period acts attributable to State (s. 22F NTA) 6\n\n12B. Effect of validation: category A intermediate period acts consisting of grant of freehold and certain leases or vesting of land or waters (s. 22F and 22B(a) NTA) 6\n\n12C. Effect of validation: category A intermediate period acts involving public works (s. 22F and 22B(b) NTA) 7\n\n12D. Effect of validation: inconsistent category B intermediate period acts (s. 22F and 22B(c) NTA) 7\n\n12E. Effect of validation: category C and category D intermediate period acts (s. 22F and 22B(d) NTA) 8\n\n12F. Preservation of beneficial reservations and conditions (s. 22F and 22C NTA) 9\n\n12G. Compensation 9\n\n12H. Requirement to notify: tenures and reserves under *Land Act 1933* 9\n\nPart 2B — Confirmation of past extinguishment of native title by certain valid or validated acts\n\n12I. Confirmation of extinguishment of native title by previous exclusive possession acts of State, other than public works (s. 23E and 23C(1) NTA) 11\n\n12J. Confirmation of extinguishment of native title by previous exclusive possession acts of State consisting of public works (s. 23E and 23C(2) NTA) 12\n\n12K.  Preservation of beneficial reservations and conditions (s. 23E and 23D NTA) 12\n\n12L. Confirmation of validity of use of certain land held by Crown etc. (s. 23E and 23DA NTA) 13\n\n12M. Confirmation of partial extinguishment of native title by previous non‑exclusive possession acts of State (s. 23I and 23G NTA) 13\n\n12N. Preservation of beneficial reservations and conditions (s. 23I and 23H NTA) 14\n\n12O. Notification (s. 23I and 23HA NTA) 15\n\n12P. Compensation 15\n\nPart 2C — Validation of future acts by agreement\n\n12Q. How future acts of State may be validated by agreement 17\n\n12R. Validation 17\n\nPart 3 — Confirmation of certain rights\n\n13. Confirmation of ownership of natural resources etc. (s. 212(1) NTA) 19\n\n14. Confirmation of access to certain places (s. 212(2) NTA) 19\n\nNotes\n\nCompilation table 20\n\nDefined terms\n\n  \n\nWestern Australia\n\nTitles (Validation) and Native Title (Effect of Past Acts) Act 1995\n\nAn Act to make provision in relation to native title as permitted by the *Native Title Act 1993* of the Commonwealth, namely —\n\n• under sections 19 and 22F of that Act, to validate past acts and intermediate period acts attributable to the State and to provide for the effects of the validation; and\n\n• under sections 23E and 23I of that Act, to confirm the effect on native title of acts attributable to the State done on or before 23 December 1996; and\n\n• under section 212 of that Act, to confirm certain rights relating to natural resources and public access.\n\n[Long title inserted: No. 9 of 1999 s. 4.]\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Titles (Validation) and Native Title* (*Effect of Past Acts*) *Act 1995* 1.\n\n[Section 1 amended: No. 9 of 1999 s. 5.]\n\n##### 2. Commencement\n\nThis Act comes into operation on the day on which it receives the Royal Assent 1.\n\n##### 3. Act binds Crown\n\nThis Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, in all its other capacities.\n\n##### 4. Interpretation\n\n(1) In this Act the *Native Title Act 1993* of the Commonwealth is referred to as the NTA.\n\n(2) Unless the contrary intention appears, a word or expression used in this Act has the same meaning as it has in the NTA.\n\nNote for this subsection:\n\nSection 222 of the NTA lists and shows the location of all of the words and expressions defined in the NTA.\n\n(3) Notes in this Act are provided to assist understanding and do not form part of the Act.\n\n## Part 2 — Validation of past acts\n\n##### 5. Validation of past acts attributable to State (s. 19 NTA)\n\nEvery past act attributable to the State is valid and is taken always to have been valid.\n\n##### 6. Effect of validation: category A past acts that are not public works (s. 19 and 15(1)(a) NTA)\n\nA category A past act, other than a past act to which section 229(4) of the NTA applies, extinguishes the native title concerned.\n\nNote for this section:\n\nIn the NTA “category A past act” is defined in section 229 to mean (with exceptions and qualifications) —\n\n(a) freehold grants; and\n\n(b) some leasehold grants (commercial, agricultural, pastoral and residential leases and, in certain circumstances, mining leases so far as they apply to certain developed land); and\n\n(c) public works.\n\n##### 7. Effect of validation: category A past acts that are public works (s. 19 and 15(1)(b) NTA)\n\n(1) A category A past act to which section 229(4) of the NTA applies extinguishes native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated.\n\n(2) If section 229(4)(a) of the NTA applies to the past act, the extinguishment is taken to have happened on 1 January 1994.\n\nNote for this subsection:\n\nSection 229(4)(a) of the NTA applies to a past act consisting of the construction or establishment of any public work if the work commenced to be constructed or established before 1 January 1994 and the construction or establishment had not been completed by that day.\n\n##### 8. Effect of validation: inconsistent category B past acts (s. 19 and 15(1)(c) NTA)\n\nA category B past act that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned extinguishes the native title to the extent of the inconsistency.\n\nNote for this section:\n\nIn the NTA “category B past act” is defined in section 230 (with exceptions and qualifications) as leasehold grants, other than leases that are category A past acts and mining leases.\n\n##### 9. Effect of validation: category C and category D past acts (s. 19 and 15(1)(d) NTA)\n\nThe non-extinguishment principle applies to all category C and category D past acts.\n\nNote for this section:\n\nIn the NTA —\n\n(a) “category C past act” is defined in section 231 to mean the grant of a mining lease; and\n\n(b) “category D past act” is defined in section 232 as a past act that is not in category A, B, or C; and\n\n(c) the effect of the non‑extinguishment principle is set out in section 238.\n\n##### 10. Extinguishment does not confer right to eject or remove Aboriginal persons (s. 19 and 15(2) NTA)\n\nThe extinguishment effected by this Act does not by itself confer any right to eject or remove any Aboriginal persons who reside on or who exercise access over land or waters covered by a pastoral lease the grant, re‑grant or extension of which is validated by this Act.\n\n##### 11. Preservation of beneficial reservations and conditions (s. 19 and 16 NTA)\n\nIf —\n\n(a) a past act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples; or\n\n(b) the doing of the act would affect rights or interests (other than native title rights and interests) of Aboriginal peoples (whether arising under legislation, at common law or in equity and whether or not rights of usage),\n\nnothing in this Act affects that reservation or condition or those rights or interests.\n\n##### 12. Compensation (s. 20 and 17 NTA)\n\n(1) Under section 20 of the NTA native title holders are entitled to compensation because of the validation under this Act of a past act attributable to the State if they would be entitled to compensation under section 17(1) or (2) of the NTA on the assumption that that section applies to acts attributable to the State.\n\n(2) The compensation is payable by the State.\n\n(3) Compensation is to be determined in accordance with the principles contained in Division 5 of Part 2 of the NTA.\n\n[Section 12 amended: No. 9 of 1999 s. 6.]\n\n## Part 2A — Validation of intermediate period acts\n\n[Heading inserted: No. 9 of 1999 s. 7.]\n\n##### 12A. Validation of intermediate period acts attributable to State (s. 22F NTA)\n\nEvery intermediate period act attributable to the State is valid and is taken always to have been valid.\n\nNotes for this section:\n\n1. The expression “intermediate period act” is defined in section 232A of the NTA as an act that took place between 1 January 1994 and 23 December 1996 and that meets the various conditions set out in that section.\n\n2. Under section 22H of the NTA the State must within 6 months of the commencement of this Act notify specified details relating to certain acts to the public and to native title bodies and claimants in relation to the affected land or waters. The details relate to mining rights granted between 1 January 1994 and 23 December 1996 in respect of land and waters that are or were the subject of a freehold or leasehold grant or public work.\n\n[Section 12A inserted: No. 9 of 1999 s. 7.]\n\n##### 12B. Effect of validation: category A intermediate period acts consisting of grant of freehold and certain leases or vesting of land or waters (s. 22F and 22B(a) NTA)\n\n(1) A category A intermediate period act to which section 232B(2), (3) or (4) of the NTA applies extinguishes all native title in relation to the land or waters concerned.\n\n(2) Subsection (1) has effect subject to section 24EBA(6) of the NTA.\n\nNotes for this section:\n\n1. The expression “category A intermediate period act” is defined in section 232B of the NTA to mean (subject to that section) —\n\n(a) the grant or vesting of a freehold estate; and\n\n(b) the grant or vesting of a Scheduled interest; and\n\n(c) the grant or vesting of certain leases (commercial leases, exclusive agricultural leases, exclusive pastoral leases, residential leases, community purposes leases, other leases (other than mining leases) that confer a right of exclusive possession, and in certain circumstances mining leases so far as they apply to certain developed land); and\n\n(d) the construction or establishment of a public work (see section 12C of this Act).\n\n2. This section does not apply to an act if section 12I of this Act applies to it.\n\n3. The effect of this section can be changed by an agreement that complies with section 24EBA of the NTA (see subsections (1)(a)(iii) and (6) of that section).\n\n[Section 12B inserted: No. 9 of 1999 s. 7.]\n\n##### 12C. Effect of validation: category A intermediate period acts involving public works (s. 22F and 22B(b) NTA)\n\n(1) A category A intermediate period act to which section 232B(7) of the NTA applies extinguishes the native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated.\n\n(2) The extinguishment is taken to have happened when the construction or establishment began.\n\n(3) Subsection (1) has effect subject to section 24EBA(6) of the NTA.\n\nNotes for this section:\n\n1. This section does not apply to an act if section 12J of this Act applies to it.\n\n2. The effect of this section can be changed by an agreement that complies with section 24EBA of the NTA (see subsections (1)(a)(iii) and (6) of that section).\n\n[Section 12C inserted: No. 9 of 1999 s. 7.]\n\n##### 12D. Effect of validation: inconsistent category B intermediate period acts (s. 22F and 22B(c) NTA)\n\n(1) A category B intermediate period act that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned, extinguishes the native title to the extent of the inconsistency.\n\n(2) Subsection (1) has effect subject to section 24EBA(6) of the NTA.\n\nNotes for this section:\n\n1. The expression “category B intermediate period act” is defined in section 232C of the NTA as the grant of a lease that is not a category A intermediate period act; but the definition does not include —\n\n(a) mining leases; and\n\n(b) certain leases for the benefit of Aboriginal peoples and subleases derived from such leases.\n\n2. This section does not apply to an act if section 12I or 12M of this Act applies to it.\n\n3. The effect of this section can be changed by an agreement that complies with section 24EBA of the NTA (see subsections (1)(a)(iii) and (6) of that section).\n\n[Section 12D inserted: No. 9 of 1999 s. 7.]\n\n##### 12E. Effect of validation: category C and category D intermediate period acts (s. 22F and 22B(d) NTA)\n\n(1) The non‑extinguishment principle applies to all category C and category D intermediate period acts.\n\n(2) Subsection (1) has effect subject to section 24EBA(6) of the NTA.\n\nNotes for this section:\n\n1. The expression “category C intermediate period act” is defined in section 232D of the NTA as the grant of a mining lease; and the expression “category D intermediate period act” is defined in section 232E of that Act as an intermediate period act that is not in category A, B or C.\n\n2. This section does not apply to an act if section 12M of this Act applies to it.\n\n3. The effect of this section can be changed by an agreement that complies with section 24EBA of the NTA (see subsections (1)(a)(iii) and (6) of that section).\n\n[Section 12E inserted: No. 9 of 1999 s. 7.]\n\n##### 12F. Preservation of beneficial reservations and conditions (s. 22F and 22C NTA)\n\nIf —\n\n(a) an intermediate period act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples; or\n\n(b) the doing of an intermediate period act attributable to the State would affect rights or interests (other than native title rights and interests) of Aboriginal peoples (whether arising under legislation, at common law or in equity and whether or not rights of usage),\n\nnothing in section 12B, 12C, 12D or 12E affects that reservation or condition or those rights or interests.\n\n[Section 12F inserted: No. 9 of 1999 s. 7.]\n\n##### 12G. Compensation\n\n(1) Under section 22G of the NTA native title holders are entitled to compensation because of the validation by this Act of an intermediate period act attributable to the State.\n\n(2) The compensation is payable by the State.\n\n(3) Compensation is to be determined in accordance with the principles contained in Division 5 of Part 2 of the NTA.\n\n[Section 12G inserted: No. 9 of 1999 s. 7.]\n\n##### 12H. Requirement to notify: tenures and reserves under *Land Act 1933*\n\n(1) This section applies to an intermediate period act attributable to the State —\n\n(a) consisting of —\n\n(i) the grant of a fee simple; or\n\n(ii) the grant of a lease, licence or easement; or\n\n(iii) the creation, vesting or amendment of a reserve,\n\nunder the *Land Act 1933* 2; and\n\n(b) that took place at any time during the period from the beginning of 1 January 1994 until the end of 23 December 1996.\n\n(2) The State must, before the end of 6 months after the commencement of the *Titles Validation Amendment Act 1999* 1, give notice containing the details set out in subsection (3) in respect of each act to which this section applies to any —\n\n(a) registered native title body corporate; and\n\n(b) registered native title claimant; and\n\n(c) representative Aboriginal/Torres Strait Islander body,\n\nin relation to any of the land or waters affected by the act.\n\n(3) The details are —\n\n(a) the date on which the act was done; and\n\n(b) sufficient information to enable the area affected by the act to be identified; and\n\n(c) information about the way in which further details about the act may be obtained.\n\n[Section 12H inserted: No. 9 of 1999 s. 7.]\n\n## Part 2B — Confirmation of past extinguishment of native title by certain valid or validated acts\n\n[Heading inserted: No. 9 of 1999 s. 7.]\n\n##### 12I. Confirmation of extinguishment of native title by previous exclusive possession acts of State, other than public works (s. 23E and 23C(1) NTA)\n\n(1) In this section —\n\n\trelevant act means a previous exclusive possession act —\n\n(a) under section 23B(2)(a), (b) and (c)(ii) of the NTA (including because of section 23B(3)); or\n\n(b) under section 23B(2)(a), (b) and (c)(i), (iii), (iv), (v), (vi), (vii) or (viii) of the NTA if the Scheduled interest or lease concerned was still in force on 23 December 1996.\n\n(1a) If a relevant act is attributable to the State —\n\n(a) the act extinguishes any native title in relation to the land or waters covered by the freehold estate, Scheduled interest or lease concerned; and\n\n(b) the extinguishment is taken to have happened when the act was done.\n\n(2) If this section applies to the act, sections 6, 8 and 12B do not apply to the act.\n\nNote for this section:\n\nUnder section 23B(2) and (3) of the NTA, the estates and interests to which this section applies (subject to the limitation in paragraph (b) of the definition of “relevant act”) are those validly granted or vested on or before 23 December 1996 and consisting of —\n\n(a) a Scheduled interest; and\n\n(b) a freehold estate (including what is taken by section 23B(3) to be a freehold estate); and\n\n(c) certain leases (commercial leases, exclusive agricultural leases, exclusive pastoral leases, residential leases, community purposes leases, other leases (other than mining leases) that confer a right of exclusive possession, and in certain circumstances mining leases so far as they apply to certain developed land).\n\n[Section 12I inserted: No. 9 of 1999 s. 7; amended: No. 55 of 1999 s. 4.]\n\n##### 12J. Confirmation of extinguishment of native title by previous exclusive possession acts of State consisting of public works (s. 23E and 23C(2) NTA)\n\n(1) If an act is a previous exclusive possession act under section 23B(7) of the NTA (which deals with public works) and is attributable to the State —\n\n(a) the act extinguishes native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated; and\n\n(b) the extinguishment is taken to have happened when the construction or establishment of the public work began.\n\n(2) If this section applies to the act, sections 7 and 12C do not apply to the act.\n\nNote for this section:\n\nUnder section 23B(7) of the NTA, the public works to which this section applies are those validly undertaken and commenced to be constructed or established on or before 23 December 1996.\n\n[Section 12J inserted: No. 9 of 1999 s. 7; amended: No. 55 of 1999 s. 5.]\n\n##### 12K.  Preservation of beneficial reservations and conditions (s. 23E and 23D NTA)\n\nIf —\n\n(a) a previous exclusive possession act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples; or\n\n(b) the doing of a previous exclusive possession act attributable to the State would affect rights or interests (other than native title rights and interests) of Aboriginal peoples (whether arising under legislation, at common law or in equity and whether or not rights of usage),\n\nnothing in section 12I or 12J affects that reservation or condition or those rights or interests.\n\n[Section 12K inserted: No. 9 of 1999 s. 7.]\n\n##### 12L. Confirmation of validity of use of certain land held by Crown etc. (s. 23E and 23DA NTA)\n\nTo avoid doubt, if an act is a previous exclusive possession act because of paragraph (b) of section 23B(9C) of the NTA (which deals with grants to the Crown etc.), the use of the land or waters concerned as mentioned in that paragraph is valid.\n\n[Section 12L inserted: No. 9 of 1999 s. 7.]\n\n##### 12M. Confirmation of partial extinguishment of native title by previous non‑exclusive possession acts of State (s. 23I and 23G NTA)\n\n(1) Subject to subsection (2), if a previous non‑exclusive possession act (see section 23F of the NTA) is attributable to the State —\n\n(a) to the extent that the act involves the grant of rights and interests that are not inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned, the rights and interests granted, and the doing of any activity in giving effect to them, prevail over the native title rights and interests but do not extinguish them; and\n\n(b) to the extent that the act involves the grant of rights and interests that are inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned —\n\n(i) if, apart from this Act, the act extinguishes the native title rights and interests, the native title rights and interests are extinguished; and\n\n(ii) in any other case, the native title rights and interests are suspended while the lease concerned, or the lease as renewed, re‑made, re‑granted or extended, is in force;\n\nand\n\n(c) any extinguishment under this subsection is taken to have happened when the act was done.\n\n(2) If the act is the grant of a pastoral lease or an agricultural lease to which section 6 applies, this section does not apply to the act.\n\n(3) If this section applies to the act, sections 6, 8, 9, 12D and 12E do not apply to the act.\n\nNote for this section:\n\nUnder section 23F of the NTA, the estates and interests to which this section applies are those arising from —\n\n(a) non‑exclusive agricultural leases and non‑exclusive pastoral leases validly granted on or before 23 December 1996; and\n\n(b) legally enforceable rights to the grant of such leases created on or before that date but exercised after that date; and\n\n(c) arrangements for the grant of such leases completed after that date but made on or before that date in good faith and evidenced in writing.\n\n[Section 12M inserted: No. 9 of 1999 s. 7.]\n\n##### 12N. Preservation of beneficial reservations and conditions (s. 23I and 23H NTA)\n\nIf —\n\n(a) a previous non‑exclusive possession act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples; or\n\n(b) the doing of a previous non‑exclusive possession act attributable to the State would affect rights or interests (other than native title rights and interests) of Aboriginal peoples (whether arising under legislation, at common law or in equity and whether or not rights of usage),\n\nnothing in section 12M affects that reservation or condition or those rights or interests.\n\n[Section 12N inserted: No. 9 of 1999 s. 7.]\n\n##### 12O. Notification (s. 23I and 23HA NTA)\n\nIn the case of a previous non‑exclusive possession act to which section 23F(3)(c)(ii) of the NTA applies —\n\n(a) notice must be given, in the way determined in writing by the Commonwealth Minister, to any —\n\n(i) representative Aboriginal/Torres Strait Islander bodies; and\n\n(ii) registered native title bodies corporate; and\n\n(iii) registered native title claimants,\n\nin relation to the land or waters that will be affected by the act, about the doing or proposed doing of the act, or acts of that class, in relation to the land or waters concerned; and\n\n(b) they must be given an opportunity to comment on the act or class of acts.\n\nNote for this section:\n\nThe acts to which section 23F(3)(c)(ii) of the NTA applies are those giving effect after 23 December 1996 to arrangements made on or before that date in good faith, and evidenced in writing, for the grant of non‑exclusive agricultural leases or non‑exclusive pastoral leases.\n\n[Section 12O inserted: No. 9 of 1999 s. 7.]\n\n##### 12P. Compensation\n\n(1) Under section 23J of the NTA native title holders are entitled to compensation for any extinguishment under this Part of their native title rights and interests by an act, but only to the extent (if any) that the native title rights and interests were not extinguished otherwise than under this Act.\n\n(2) The compensation is payable by the State.\n\n(3) Compensation is to be determined in accordance with the principles contained in Division 5 of Part 2 of the NTA.\n\n[Section 12P inserted: No. 9 of 1999 s. 7.]\n\n## Part 2C — Validation of future acts by agreement\n\n[Heading inserted: No. 9 of 1999 s. 7.]\n\n##### 12Q. How future acts of State may be validated by agreement\n\nSection 12R applies if —\n\n(a) details are on the Register of Indigenous Land Use Agreements of an agreement that includes a statement to the effect that the parties agree to —\n\n(i) the validating of a particular future act (other than an intermediate period act), or of future acts (other than intermediate period acts) included in classes, that have already been done invalidly; or\n\n(ii) the validating, subject to conditions, of a particular future act (other than an intermediate period act), or of future acts (other than intermediate period acts) included in classes, that have already been done invalidly;\n\nand\n\n(b) the future act or class of acts is attributable to the State; and\n\n(c) the State is a party to the agreement; and\n\n(d) where, whether under the agreement or otherwise, a person other than the Crown in right of the Commonwealth or the State, is or may become liable to pay compensation in relation to the act or class of acts, that person is a party to the agreement.\n\n[Section 12Q inserted: No. 9 of 1999 s. 7.]\n\n##### 12R. Validation\n\nIf the requirements of section 12Q are satisfied in respect of a future act or class of future acts —\n\n(a) the act is valid and is taken always to have been valid; or\n\n(b) all acts included in the class are valid and are taken always to have been valid,\n\nas the case may require.\n\nNote for this section:\n\nIf an invalid future act is validated by section 12R —\n\n(a) under section 24EBA(4) of the NTA, the non‑extinguishment principle applies unless the act is the surrender of native title and the agreement includes a statement to the effect that the surrender is intended to extinguish native title; and\n\n(b) under section 24EBA(5) of the NTA, the compensation entitlements are determined in accordance with subsection (4), (5) or (6) and subsection (7) of section 24EB of the NTA.\n\n[Section 12R inserted: No. 9 of 1999 s. 7.]\n\n## Part 3 — Confirmation of certain rights\n\nNote for this Part:\n\nUnder section 212(3) of the NTA, the confirmation made by this Part does not extinguish native title rights and interests and does not affect a conferral of land or waters, or an interest in land or waters, under a law that confers benefits only on Aboriginal peoples.\n\n##### 13. Confirmation of ownership of natural resources etc. (s. 212(1) NTA)\n\n(1) The existing ownership of all natural resources owned by the Crown is confirmed.\n\n(2) All existing rights of the Crown to use, control and regulate the flow of water are confirmed.\n\n(3) All existing fishing access rights under State law are confirmed to prevail over any other public or private fishing rights.\n\n##### 14. Confirmation of access to certain places (s. 212(2) NTA)\n\nExisting public access to and enjoyment of the following places is confirmed —\n\n(a) waterways;\n\n(b) beds and banks or foreshores of waterways;\n\n(c) coastal waters;\n\n(d) beaches;\n\n(da) stock routes;\n\n(e) areas that were public places at the end of 31 December 1993.\n\n[Section 14 amended: No. 9 of 1999 s. 8.]\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Titles (Validation) and Native Title (Effect of Past Acts) Act 1995* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Titles Validation Act 1995* 3 | 16 of 1995 | 4 Jul 1995 | 4 Jul 1995 (see s. 2) |\n| *Titles Validation Amendment Act 1999* | 9 of 1999 | 5 May 1999 | 5 May 1999 (see s. 2) |\n| *Titles (Validation) and Native Title (Effect of Past Acts) Amendment Act 1999* | 55 of 1999 | 13 Dec 1999 | 13 Dec 1999 (see s. 2) |\n| **Reprint of the *Titles (Validation) and Native Title (Effect of Past Acts) Act 1995* as at 11 Feb 2000** (includes amendments listed above) | | | |\n| **Reprint 2: The *Titles (Validation) and Native Title (Effect of Past Acts) Act 1995* as at 4 Dec 2015** (includes amendments listed above) | | | |\n\n\n2 Under the *Land Administration Act 1997* s. 281(3) a reference in written law to the *Land Act 1933* is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the *Land Administration Act 1997.*\n\n3 Now known as the *Titles (Validation) and Native Title* (*Effect of Past Acts*) *Act 1995* (see note under s. 1).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nrelevant act 12I(1)\n\nBy Authority: JOHN A. STRIJK, Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess — the legislative text was not available in the provided content. No comparison between original intent and current scope can be made."},"complexity_factors":["No legislative content was retrievable — only an error/redirect page was provided","Analysis cannot be performed without the actual text of the Act","Complexity score defaulted to 1 due to complete absence of analysable content"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Titles Validation Act 1995 (WA)** could not be retrieved. The link provided returned an error page from the Western Australian Parliamentary Counsel's Office website, indicating the page has moved or is temporarily unavailable due to system upgrades.\n\n**What we can infer from the title alone:**\n- This is a Western Australian law from 1995\n- 'Titles Validation' legislation typically exists to **retrospectively confirm or 'cure' defects** in property titles (legal documents proving ownership of land) — meaning it may have been passed to fix a specific problem where certain land titles were found to be legally invalid or uncertain\n- Such laws are usually narrow and technical in purpose, affecting specific landowners or categories of land\n\n**To find the actual text**, visit the [WA Legislation website](https://www.legislation.wa.gov.au) and search for 'Titles Validation Act 1995' directly."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope was expanded after enactment by amendment. The 1999 amendments inserted Parts dealing with intermediate period acts (Part 2A: ss.12A–12H), confirmation of past extinguishment by certain acts (Part 2B: ss.12I–12P), and validation of future acts by agreement (Part 2C: ss.12Q–12R) (see notes to those sections indicating they were inserted or amended by No.9 of 1999 and No.55 of 1999). These additions broadened the temporal coverage (explicitly covering 1994–1996 acts), added notification and ILUA‑based validation mechanisms, and supplied further confirmation rules for prior exclusive and non‑exclusive possession acts (see ss.12B–12E; 12I–12M; 12Q–12R)."},"complexity_factors":["Extensive cross‑references to the Commonwealth Native Title Act 1993 for definitions and effect (see s.4(2) and multiple notes to ss.6, 12A, 12B, 12C, 12D, 12E, 12I, 12M).","Multiple temporal categories: past acts, intermediate period acts (1 Jan 1994–23 Dec 1996), previous exclusive and non‑exclusive possession acts, and future acts (ss.5, 12A, 12I–12P, 12Q–12R).","Tiered legal outcomes depending on NTA categories A–D (full extinguishment, partial extinguishment, suspension, non‑extinguishment) (ss.6–9; 12B–12E; 12I–12M).","Compensation entitlement mechanics referenced to NTA Division 5, Part 2 (ss.12(3), 12G(3), 12P(3)) requiring separate substantive valuation rules outside this Act.","Notification and procedural duties with strict timeframes for the State (s.12H) and delegated procedural determination by the Commonwealth Minister for some notices (s.12O), adding administrative complexity.","Multiple carve‑outs and preservation clauses protecting reservations or other rights benefiting Aboriginal peoples (ss.11, 12F, 12K, 12N) that limit blanket application of validation/confirmation rules.","Interplay between validation by statute and validation by agreement (ILUAs) which introduces negotiated outcomes subject to registration requirements (ss.12Q–12R).","Amendments and inserted parts (noted in the Act) so the text comprises original provisions and later inserted sections (e.g. Parts 2A–2C inserted by 1999 amendments), making legislative history relevant to interpretation."],"plain_english_summary":"### What this law does, in plain terms\n\n- Mechanically, the Act treats a range of State acts affecting land and waters as valid (often retrospectively) and sets out the legal consequences for native title when those acts were done by the State. Key operative rules are: past acts attributable to the State are declared valid (s.5); intermediate period acts (those between 1 Jan 1994 and 23 Dec 1996) attributable to the State are declared valid (s.12A); certain previous acts are treated as having extinguished native title (see Parts 2, 2A and 2B, e.g. ss.6–9, 12B–12E, 12I–12M); some invalid future acts can be validated by agreement recorded on the Register of Indigenous Land Use Agreements if the State is a party (ss.12Q–12R); and a set of Crown resource and public access rights are confirmed (ss.13–14).\n\n- The Act does not stand alone: it implements and depends on specific categories and procedures defined in the Commonwealth Native Title Act 1993 (the NTA). Many terms and legal consequences referenced here (for example, “category A/B/C/D past acts”, “intermediate period act”, compensation principles and the non‑extinguishment principle) are defined or explained in the NTA (see notes to multiple sections such as ss.4, 6, 12A, 12B and others).\n\n### Who this affects\n\n- Native title claimants and holders whose rights relate to land or waters affected by acts attributable to the State (see ss.5–12, 12A–12P). The Act alters how those acts affect native title (including extinguishment, suspension or prevalence of other rights) and creates compensation entitlements in specified circumstances (ss.12, 12G, 12P).\n\n- The State of Western Australia, which is declared liable to pay compensation where the NTA principles apply (ss.12(2), 12G(2), 12P(2)). The State is also a decision‑maker as to which State acts are validated and must give particular notices (see s.12H and related provisions).\n\n- Other parties to land interests (freehold owners, leaseholders, holders of Scheduled interests, holders of public works) because the Act confirms the validity of many previously granted estates and clarifies their legal effect relative to native title (see ss.6–9, 12B–12E, 12I–12J, 12M).\n\n- Registered native title bodies corporate, registered native title claimants and representative Aboriginal/Torres Strait Islander bodies: the Act requires certain notifications to them about intermediate period acts and some confirming acts (see ss.12H, 12O).\n\n### Why it matters (official purpose and how it operates)\n\n- The Act implements elements of the Commonwealth NTA by validating or confirming the legal status and effect of various State acts that affected land and waters, and by clarifying the interaction between those acts and native title rights (Long title; see ss.5, 12A, 12I–12P, 13–14).\n\n- It operates by applying a rule‑set tied to the NTA categories: some validated acts extinguish native title (e.g. many category A past acts and some category A intermediate period acts — ss.6, 12B), some validated acts extinguish only to the extent of inconsistency (category B — ss.8, 12D), and for categories C and D the non‑extinguishment principle applies (ss.9, 12E). The Act also preserves certain reservations and other rights where they benefit Aboriginal peoples (ss.11, 12F, 12K, 12N).\n\n### Practical legal and economic effects, trade‑offs and implementation items to note\n\n- Who pays: where compensation is required under the NTA principles because validation or confirmation affects native title, the State is the payer (ss.12(2), 12G(2), 12P(2)). Compensation is to be assessed using NTA Division 5, Part 2 principles (ss.12(3), 12G(3), 12P(3)).\n\n- Legal certainty vs. liability: the Act converts many previously done State acts into valid acts for legal purposes (s.5; s.12A; s.12R for validated future acts). That increases legal certainty for holders of those titles but produces a contingent fiscal liability for the State in the form of possible compensation obligations (ss.12, 12G, 12P).\n\n- Preservation of other rights: the Act explicitly protects specified reservations or conditions that benefit Aboriginal peoples and other non‑native title rights or interests (ss.11, 12F, 12K, 12N). Mechanically, that limits the scope of extinguishment or validation where those reservations/conditions exist.\n\n- Temporal and categorical complexity: different rules apply depending on when an act was done (past acts, intermediate period acts 1994–1996, previous exclusive or non‑exclusive possession acts), and depending on its NTA category (A–D). The effect can be full extinguishment, partial extinguishment, suspension, or non‑extinguishment (see ss.6–9; 12B–12E; 12I–12M). This creates multiple transaction‑specific legal outcomes tied to the NTA definitions.\n\n- Administrative steps and compliance burden: the State must give specified notices about certain intermediate period acts under the Land Act provisions within set timeframes (s.12H) and follow notification procedures set by the Commonwealth Minister for certain non‑exclusive possession acts (s.12O). Those notification duties impose identification and record‑keeping tasks on the State and require communication with native title organisations and claimants.\n\n- Role of agreements and the Register of Indigenous Land Use Agreements (ILUAs): invalid future acts (other than intermediate period acts) can be validated if the parties record an agreement on the ILUA Register that includes the required validating statement and the State and liable third parties are parties to the agreement (ss.12Q–12R). That introduces a negotiated pathway for validation subject to the NTA’s conditions.\n\n- Decision‑making discretion and delegation: the Act leaves some procedural determination to ministers or other decision makers under the NTA—for instance, the Commonwealth Minister determines the way notices must be given under s.12O. The Act itself contains mandatory duties (e.g. disclosure deadlines in s.12H) but relies on external NTA procedures and definitions for detailed operation (see s.4(2)).\n\n- Effects on private choice and markets: by confirming prior grants and the Crown’s resource and access rights (ss.13–14) and by validating many State acts, the Act stabilises title and usage rights for private parties holding those estates. At the same time, affected native title holders receive statutory compensation or preserved rights in some cases, which can alter the allocation of property rights and create transfer or negotiation incentives.\n\n- Implementation risks and opportunity costs: the State gains clearer property titles but takes on compensation obligations and administrative costs (ss.12, 12G, 12P; s.12H). Outcomes for particular parcels depend on detailed fact patterns (which NTA category applies, whether reservations exist, whether acts were public works, exact timing), so there is a non‑trivial factual and legal assessment cost for each contested title.\n\n### Where to look in the Act for the main rules\n\n- Validation of past acts: s.5 and effects in ss.6–12.\n- Validation of intermediate period acts (1994–1996): ss.12A–12G, notifications in s.12H.\n- Confirmation of past extinguishment (previous exclusive or non‑exclusive possession acts): ss.12I–12P.\n- Validation of future acts by agreement (ILUAs): ss.12Q–12R.\n- Confirmation of Crown resource ownership and public access: ss.13–14.\n\n(For definitions and operative detail the Act refers to the Native Title Act 1993 — see s.4(2) and many cross‑references throughout.)"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original scope. Originally enacted as the 'Titles Validation Act 1995', it initially dealt only with validating past acts attributable to the State. However, amendments in 1999 (particularly by the Titles Validation Amendment Act 1999 and Act No. 55 of 1999) added substantial new Parts: Part 2A (validation of intermediate period acts), Part 2B (confirmation of past extinguishment by certain acts), and Part 2C (validation of future acts by agreement). The long title was also expanded to cover these additional purposes. The Act transformed from a simple validation mechanism for pre-1994 acts into a comprehensive regime covering acts up to 1996 and beyond, plus confirmation of extinguishment effects and future act validation through agreement."},"complexity_factors":["Heavy reliance on defined terms from the Commonwealth Native Title Act 1993 (NTA) — the Act imports definitions from another statute rather than defining key concepts like 'native title', 'past acts', 'intermediate period acts', and 'previous exclusive possession acts' internally","Complex categorisation system with multiple overlapping categories (A, B, C, D) for both 'past acts' and 'intermediate period acts', each with different legal consequences for native title","Extensive cross-referencing to specific sections of the Commonwealth NTA (e.g., 's. 19 NTA', 's. 22F NTA', 's. 23E and 23C(1) NTA') — understanding this Act requires simultaneous reference to federal legislation","Nested conditional logic with multiple exceptions and savings provisions (e.g., section 12I(2) excludes application of sections 6, 8 and 12B; section 12M(2) excludes pastoral leases; section 12M(3) excludes sections 6, 8, 9, 12D and 12E)","Temporal complexity with three distinct time periods treated differently: pre-1994 acts, 1994-1996 'intermediate period' acts, and post-1996 acts","Multiple amendment insertions (noted as 'inserted: No. 9 of 1999 s. 7') indicating the Act has been substantially modified since original enactment, creating a patchwork structure","Interaction between validation, confirmation, and non-extinguishment principles that operate differently depending on the type of tenure (freehold vs leasehold vs mining lease vs public works)"],"plain_english_summary":"This Western Australian law deals with **native title** — the legal recognition that Aboriginal and Torres Strait Islander peoples have rights to land and waters based on their traditional laws and customs.\n\n**What it does:**\n\nThe law validates (makes legally valid) certain past government actions that might otherwise have been invalid because they were done without properly considering native title rights. It also confirms what happens to native title when the government has granted land rights to others.\n\n**Key effects:**\n\n*   **Validating past acts:** Government grants of freehold land, leases, and public works done before 1994 are confirmed as valid. Depending on the type of grant, this may **extinguish** (wipe out) native title completely or partially, or allow native title to coexist with the new rights.\n*   **Validating \"intermediate period\" acts:** Similar validation for government actions taken between 1 January 1994 and 23 December 1996.\n*   **Confirming extinguishment:** For certain grants made on or before 23 December 1996, the law confirms that native title is extinguished (either fully or partially) and specifies when this happened.\n*   **Protecting Aboriginal rights:** Any special conditions or reservations in land grants that benefit Aboriginal people are preserved and not affected by this law.\n*   **Compensation:** When native title is extinguished or affected by these validations, native title holders may be entitled to compensation paid by the State.\n*   **Confirming Crown rights:** The law confirms the government's ownership of natural resources (like minerals and water) and public access rights to waterways, beaches, and other public areas.\n\n**Who it affects:**\n\n*   **Native title holders** — Aboriginal groups with recognised native title rights.\n*   **Landholders** — People who hold freehold title, leases, or other interests in land that were granted by the government.\n*   **The State** — The Western Australian government, which must pay compensation in some cases and give notice of certain actions to native title bodies.\n\n**Why it matters:**\n\nThis law provides legal certainty for land titles in Western Australia. It protects existing landholders from having their titles challenged because of native title claims, while also establishing a framework for compensation when native title is affected. It essentially draws a line under historical land grants, confirming their validity while acknowledging that compensation may be owed to traditional owners."}},"importantCases":[],"_links":{"self":"/api/acts/titles-validation-act-1995","history":"/api/acts/titles-validation-act-1995/history","analysis":"/api/acts/titles-validation-act-1995/analysis","conflicts":"/api/acts/titles-validation-act-1995/conflicts","importantCases":"/api/acts/titles-validation-act-1995/important-cases","documents":"/api/acts/titles-validation-act-1995/documents"}}