{"id":"titles-validation-and-native-title-effect-of-past-acts-act-1995","name":"Titles (Validation) and Native Title (Effect of Past Acts) Act 1995","slug":"titles-validation-and-native-title-effect-of-past-acts-act-1995","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110697,"registerId":"wa-titles-validation-and-native-title-effect-of-past-acts-act-1995-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Titles (Validation) and Native Title (Effect of Past Acts) 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":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded substantially beyond its original 1995 purpose of validating pre-1 January 1994 past acts under NTA s 19. The 1999 amendments inserted Parts 2A–2C to cover intermediate period acts (1 January 1994 – 23 December 1996), confirmation of extinguishment by previous exclusive and non-exclusive possession acts, validation of future acts by indigenous land use agreements, and additional notification and confirmation provisions, transforming it into a comprehensive response to the Wik decision and NTA amendments."},"complexity_factors":["Extensive cross-referencing to over 30 distinct sections of the Commonwealth Native Title Act 1993 (NTA), including definitions in NTA ss 229–232E, 23B, 23F and effects in NTA ss 15, 16, 17, 22B–22E, 23C–23H","Multiple layered categories of acts (category A/B/C/D past acts, intermediate period acts, previous exclusive/non-exclusive possession acts) each triggering different extinguishment, suspension or non-extinguishment outcomes","Amendments inserting entirely new Parts 2A, 2B and 2C with their own validation, confirmation, notification and compensation rules","Nested exceptions, savings provisions and 'subject to' clauses (e.g. ss 12B(2), 12I(2), 12M(2) referencing each other and NTA s 24EBA agreements)","Detailed notification obligations, beneficial interest preservation clauses and compensation tied to NTA Division 5 principles"],"plain_english_summary":"**This Western Australian law validates certain past government actions (like granting land titles, building roads or issuing mining leases) that may have impacted Indigenous native title rights.**\n\nNative title refers to the traditional rights and interests that Aboriginal people hold over land and waters under their laws and customs. The Act makes those government actions legally valid, even if they were done before native title was formally recognised in Australian law. Depending on the type of action, it can completely remove (extinguish) native title rights, partially limit them, or let them continue alongside the new rights. It also sets rules for compensation to native title holders, preserves any special protections that benefited Aboriginal people, and confirms that the public can still access beaches, rivers and other areas, while the Crown owns natural resources like minerals.\n\nThe law is designed to provide certainty for land titles and development while working alongside the federal *Native Title Act 1993*. It affects pastoralists, miners, homeowners, government bodies and Aboriginal communities by clarifying who holds what rights over land."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text was not retrievable. The page returned an error indicating the URL is no longer active on the WA legislation website."},"complexity_factors":["Full legislative text is unavailable — analysis is based only on the Act's title and general historical context","The subject matter (native title and title validation) is inherently complex constitutional and property law","Interplay between State and Commonwealth native title legislation adds layers of complexity in the actual Act","Cannot assess drafting complexity, cross-references, or technical definitions without the text"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the *Titles (Validation) and Native Title (Effect of Past Acts) Act 1995* (WA) could not be retrieved — the page is no longer accessible on the Western Australian legislation website due to system upgrades.\n\n**What is known about this Act generally:**\nThis is a Western Australian law from 1995, enacted in the wake of the landmark *Mabo* decision and the Commonwealth's *Native Title Act 1993*. It was designed to:\n- **Validate** certain land titles (legal ownership documents) granted by Western Australia before or around the time native title was recognised by Australian law\n- **Clarify the effect** of past government actions (called 'past acts') on native title rights held by Aboriginal and Torres Strait Islander peoples\n\n**Who it affects:** Aboriginal and Torres Strait Islander peoples with native title claims in WA, as well as landholders and miners whose titles may have been legally uncertain after the *Mabo* ruling.\n\n**Why it matters:** Without access to the full text, a complete and accurate analysis cannot be provided. Users should visit the [WA Parliamentary Counsel's Office](https://www.legislation.wa.gov.au) directly and search for this Act by name."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act, as compiled, has been amended since its original enactment to add substantial material. Notably, Part 2A (ss.12A–12H) was inserted to validate intermediate period acts (acts between 1 Jan 1994 and 23 Dec 1996) and to add notification obligations (see notes to s.12A and s.12H). Part 2B (ss.12I–12P) was added to provide confirmations of extinguishment for certain prior exclusive and non‑exclusive possession acts and related preservation and notification rules. Part 2C (ss.12Q–12R) was added to allow validation of future acts by agreement recorded on the Register of Indigenous Land Use Agreements. The compilation table and insertion notes (for example, 'Section 12A inserted: No. 9 of 1999 s. 7') in the source text document these changes, which expand the Act’s scope beyond the original Titles Validation Act 1995 to cover intermediate periods, confirmations, and agreement‑based validation mechanisms."},"complexity_factors":["Extensive cross‑referencing to the Commonwealth Native Title Act 1993 (NTA) for definitions, categories and effect rules (see s.4(2) and multiple notes).","Multiple overlapping categories of acts (categories A–D and intermediate period equivalents) with different legal effects (see ss.6–9; 12B–12E).","Separate regimes for past acts, intermediate period acts, previous exclusive/non‑exclusive possession acts, and future acts by agreement (Parts 2, 2A, 2B, 2C).","Numerous exceptions, qualifications and ‘subject to’ links to other NTA provisions and to agreement mechanisms (notes to ss.12B–12E; s.12R references s.24EBA of the NTA).","Multiple procedural obligations (notification requirements under ss.12H and 12O) and timing rules affecting when extinguishment is taken to have occurred (see s.7(2); s.12J(1)(b); s.12I(1a)(b)).","Interaction between State validation/confirmation and compensation entitlement rules under the NTA, requiring application of Division 5 principles (see s.12(3); s.12G(3); s.12P(3)).","Amendments and insertions over time (see compilation table and insertion notes), increasing the number of special cases and transitional rules."],"plain_english_summary":"What this law does, mechanically:\n\n- Validates past and some intermediate-period acts attributable to the State of Western Australia and treats them as always having been valid (see s.5 and s.12A). That validation changes the legal effect of those acts on native title according to the category of act defined in the Commonwealth Native Title Act 1993 (NTA) (see ss.6–9; 12B–12E).\n\n- For certain categories of validated acts it declares that native title is extinguished (for example, category A freehold and some leases; see s.6 and s.12B), or extinguished to the extent of inconsistency (category B; see s.8 and s.12D), or preserved (non‑extinguishment principle for category C and D acts; see s.9 and s.12E). For some public works the extinguishment is taken to have happened at the time construction began or on an earlier date specified in the NTA (see s.7 and s.12C).\n\n- Confirms earlier extinguishment or partial extinguishment in specified circumstances for acts done on or before 23 December 1996 (see Part 2B, especially ss.12I–12M). Those confirmations replace the operation of some validation sections for the particular acts to which they apply (see ss.12I(2), 12J(2), 12M(3)).\n\n- Preserves any reservations or statutory/common law/equitable rights for the benefit of Aboriginal peoples that were contained in the acts (see s.11; similarly s.12F, s.12K, s.12N).\n\n- Requires the State to pay compensation where native title holders are entitled under the relevant NTA provisions, and to determine compensation according to the NTA principles (see s.12(1)–(3); s.12G(1)–(3); s.12P(1)–(3)).\n\n- Creates a mechanism for validating future State acts (other than intermediate period acts) by agreement recorded on the Register of Indigenous Land Use Agreements, where the State and affected parties (including any non‑Crown person who may be liable for compensation) are parties to the agreement (see ss.12Q–12R).\n\n- Confirms the Crown’s existing ownership of natural resources, the Crown’s existing rights over water, and that existing State fishing access rights prevail over other fishing rights; and confirms existing public access to waterways, foreshores, coastal waters, beaches, stock routes and places that were public at 31 Dec 1993 (see ss.13–14).\n\nWho this affects:\n\n- Native title holders and claimants: the Act changes whether native title survives or is extinguished in specific lands and waters, and creates compensatory entitlements where the NTA provides for them (see s.12, s.12G, s.12P).\n- The State: it is the actor whose past/intermediate acts are validated, it must pay compensation when required, and it must give notices in specified cases (see s.12(2); s.12H(2); s.12O).\n- Third parties with interests (freehold owners, lessees, mining and pastoral interests, public works owners): validation can confirm their title and the legal effect of their interests (see ss.6–9; 12B–12E; 12I–12M).\n- Registered native title bodies corporate, registered claimants and representative bodies: they are recipients of required notices and the other party to consultation/notification processes (see ss.12H(2), 12O).\n\nWhy it matters (stated purpose, then tested against trade‑offs):\n\n- The instrument states its purpose is to implement provisions permitted by the Commonwealth NTA: to validate past and intermediate acts attributable to the State, to confirm effects of certain acts on native title, and to confirm certain Crown rights and public access (long title and notes). Mechanically, it reduces legal uncertainty about the validity and legal consequences of many State actions affecting land and waters by treating them as valid or by confirming extinguishment in specified circumstances (see s.5; Part 2A; Part 2B).\n\n- Costs and who pays: where the validation or confirmation causes a loss to native title holders that attracts compensation under the NTA, the State must pay that compensation and it must be assessed under the NTA’s Division 5 principles (see s.12(2)–(3); s.12G(2)–(3); s.12P(2)–(3)).\n\n- Incentives created: by statutory validation and confirmations the Act reduces the risk that land or water interests validated under it will be overturned in native title litigation, which changes the incentives for landholders and the State in terms of investment and land use (see ss.5–9; 12B–12E). Agreements on the Register of Indigenous Land Use Agreements can be used to validate future acts, but require the State and affected compensation‑liable parties to sign (see ss.12Q–12R).\n\n- Trade‑offs and opportunity costs: the State secures clearer title for some land uses and public works at the legal cost of potential compensation liabilities and the administrative burden of notification and consultation in certain circumstances (see ss.12H, 12O). The Act preserves non‑native title rights and reservations where they exist (see s.11; ss.12F, 12K, 12N), so validation does not automatically remove other legal protections.\n\n- Compliance burden and administration: the State must give specified notices for certain intermediate period acts under the Land Act framework (see s.12H) and follow the Commonwealth Minister’s written determination for the form of notice and comment opportunities in some cases (see s.12O). Some validation outcomes can be adjusted by agreements that meet NTA requirements (see notes to ss.12B–12E and s.12R).\n\n- Bureaucratic discretion and implementation risk: the Act gives the State the role of identifying which acts are attributable to it and therefore validated (see s.5 and s.12A). Notification procedures (ss.12H, 12O) and reliance on registers of Indigenous Land Use Agreements (ss.12Q–12R) require administrative action; failures in notice or record‑keeping could affect the availability or timing of agreed validations and related compensation processes. Certain sections exclude the application of earlier validation provisions where a confirmation section applies (see ss.12I(2), 12J(2), 12M(3)), so correct classification of acts is legally significant.\n\nKey behaviour changes the law produces:\n\n- It converts many past State acts into legally secure titles or authorisations by statutory validation or confirmation (see s.5; Part 2A; Part 2B).\n- It creates statutory duties on the State to notify affected native title bodies and claimants in specified circumstances (see s.12H(2); s.12O).\n- It makes the State liable for compensation determined under NTA principles where validation or confirmation causes compensable loss (see s.12(2)–(3); s.12G(2)–(3); s.12P(2)–(3)).\n\nRepresentative section references for main effects: validation and its effects (s.5; ss.6–9; ss.12A–12E), compensation payable by the State (s.12(2); s.12G(2); s.12P(2)), preservation of reservations and other rights (s.11; ss.12F, 12K, 12N), notification requirements (s.12H; s.12O), validation by agreement (ss.12Q–12R), confirmation of Crown resource and water rights and public access (ss.13–14)."}},"importantCases":[],"_links":{"self":"/api/acts/titles-validation-and-native-title-effect-of-past-acts-act-1995","history":"/api/acts/titles-validation-and-native-title-effect-of-past-acts-act-1995/history","analysis":"/api/acts/titles-validation-and-native-title-effect-of-past-acts-act-1995/analysis","conflicts":"/api/acts/titles-validation-and-native-title-effect-of-past-acts-act-1995/conflicts","importantCases":"/api/acts/titles-validation-and-native-title-effect-of-past-acts-act-1995/important-cases","documents":"/api/acts/titles-validation-and-native-title-effect-of-past-acts-act-1995/documents"}}