232AIntermediate period act

232A  Intermediate period act

 (1) This section defines intermediate period act.

Note: Intermediate period acts may be validated under Division 2A of Part 2.

Acts between 1.1.94 and 23.12.96

 (2) Subject to subsection (3), an act is an intermediate period act if:

 (a) the act took place at any time during the period from the beginning of 1 January 1994 until the end of 23 December 1996 when native title existed in relation to particular land or waters; and

 (b) the act did not consist of the making, amendment or repeal of legislation, other than legislation that affects the native title by:

 (i) creating a freehold estate, lease or licence over the land or waters; or

 (ii) containing, making or conferring a reservation, proclamation or dedication under which the whole or part of the land or waters is to be used for a particular purpose; and

Note: An intermediate period act, such as the grant of a lease, may be validated under Division 2A of Part 2 even if the legislation under which the act was done is not so validated.

 (c) the act was invalid to any extent because of Division 3 of Part 2 (disregarding section 24EBA) or for any other reason, but it would have been valid to that extent if the native title did not exist; and

 (d) the act was not a past act (see section 228); and

 (e) at any time before the act was done, either:

 (i) a grant of a freehold estate or a lease (other than a mining lease) was made covering any of the land or waters affected by the act; or

 (ii) a public work was constructed or established on any of the land or waters affected by the act; and

 (f) the grant, or the construction or establishment, mentioned in paragraph (e) was valid (including because of any provision of this Act).

 (3) The regulations may provide that an act is not an intermediate period act.