229Category A past act

229  Category A past act Section defines expression  (1) This section defines the expression category A past act. Grant of certain freehold estates  (2) A past act consisting of the grant of a freehold estate is a category A past act if:  (i) the grant was made before 1 January 1994 and the estate existed on 1 January 1994; or  (ii) the grant was made on or after 1 January 1994 and it is a past act because subsection 228(3) (which deals with such things as the exercise of options) or 228(9) (which deals with other extensions etc. of earlier acts) applies; and  (b) the grant is not:  (ii) a grant made by or under legislation that grants freehold estates only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or  (iii) a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders. Grant of certain leases  (3) A past act consisting of the grant of:  (a) a commercial lease, an agricultural lease, a pastoral lease or a residential lease; or  (b) what is taken by subsection 245(3) (which deals with the dissection of mining leases into certain other leases) to be a separate lease in respect of land or waters mentioned in paragraph (a) of that subsection; is a category A past act if:  (i) the grant was made before 1 January 1994 and the lease was in force on 1 January 1994; or  (ii) the grant was made on or after 1 January 1994 and it is a past act because subsection 228(3) or (9) applies; and  (d) the grant is not:  (ii) a grant made by or under legislation that grants leases only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or  (iii) a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or  (iv) a grant over land or waters that, on 1 January 1994, are Aboriginal/Torres Strait Islander land or waters. Construction of public works  (4) A past act consisting of the construction or establishment of any public work is a category A past act if:  (a) the work commenced to be constructed or established before 1 January 1994 and the construction or establishment had not been completed by that day; or  (b) the work was constructed or established before 1 January 1994 and still existed on that day; or  (c) the work was constructed or established on or after 1 January 1994 and the construction or establishment is a past act because subsection 228(9) applies.