What it does
The Land Titles Validation Act 1994 (Vic) is a complementary State measure enacted to give effect to the Native Title Act 1993 (Cth) (the Commonwealth Act) in Victoria. Its core function, set out in s 1(a), is to validate past acts attributable to the State that would otherwise be invalid because of the existence of native title. Section 6 declares every past act attributable to the State to be valid and always to have been valid. The Act then prescribes differential extinguishment consequences according to statutory categories borrowed from the Commonwealth Act.
Category A past acts that are not public works extinguish native title completely (s 7). Category A past acts that are public works extinguish native title in relation to the land or waters on which the public work is situated, with a back-dated effect to 1 January 1994 where s 229(4)(a) of the Commonwealth Act applies (s 8). Category B past acts extinguish native title only to the extent of any inconsistency with the continued existence, enjoyment or exercise of native title rights and interests (s 9). Category C and D past acts attract the non-extinguishment principle (s 10), meaning native title is suppressed but not destroyed for the duration of the act.
Part 2 contains important qualifications. Section 11 provides that extinguishment under the Part does not, by itself, confer a right to eject Aboriginal persons residing on or exercising access over land covered by a validated pastoral lease. Section 12 preserves any reservation or condition in a past act for the benefit of Aboriginal peoples or Torres Strait Islanders, and any other rights or interests (whether arising under legislation, common law or equity) of those peoples. Compensation is addressed in s 13, which applies the Commonwealth Act’s compensation regime (Division 5 of Part 2) and makes the State the payer.