23HPreservation of beneficial reservations and conditions

23H  Preservation of beneficial reservations and conditions   If:  (a) a previous non‑exclusive possession act attributable to the Commonwealth contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or  (b) the doing of a previous non‑exclusive possession act attributable to the Commonwealth would affect rights or interests (other than native title rights and interests) of Aboriginal peoples or Torres Strait Islanders (whether arising under legislation, at common law or in equity and whether or not rights of usage); nothing in section 23G affects that reservation or condition or those rights or interests. 23HA  Notification   In the case of a previous non‑exclusive possession act to which subparagraph 23F(3)(c)(ii) applies:  (a) notice must be given, in the way determined, by legislative instrument, by the Commonwealth Minister, to any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in 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  (b) they must be given an opportunity to comment on the act or class of acts. 23I  Confirmation of partial extinguishment of native title by previous non‑exclusive possession acts of State or Territory   If a law of a State or Territory contains provisions to the same effect as sections 23H and 23HA, the law of the State or Territory may make provision to the same effect as section 23G in respect of all or any previous non‑exclusive possession acts attributable to the State or Territory. 23J  Compensation Entitlement  (1) The native title holders are entitled to compensation in accordance with Division 5 for any extinguishment under this Division 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. Commonwealth acts  (2) If the act is attributable to the Commonwealth, the compensation is payable by the Commonwealth. State and Territory acts  (3) If the act is attributable to a State or Territory, the compensation is payable by the State or Territory. 23JA  Attribution of certain acts   If:  (a) a previous exclusive possession act or a previous non‑exclusive possession act took place before the establishment of a particular State, the Jervis Bay Territory, the Australian Capital Territory or the Northern Territory; and  (b) the act affected land or waters that, when this section commences, form part of the State or Territory; then, for the purposes of this Division, the act is taken to be attributable to:  (c) the State; or  (d) if the Territory is the Jervis Bay Territory—the Commonwealth; or  (e) if the Territory is the Australian Capital Territory or the Northern Territory—that Territory. Note: The meaning given to the expression attributable by section 239 will apply for the purposes of this Division to all other previous exclusive and non‑exclusive possession acts. Division 3—Future acts etc. and native title Subdivision A—Preliminary 24AA  Overview Future acts  (1) This Division deals mainly with future acts, which are defined in section 233. Acts that do not affect native title are not future acts; therefore this Division does not deal with them (see section 227 for the meaning of acts that affect native title). Validity of future acts  (2) Basically, this Division provides that, to the extent that a future act affects native title, it will be valid if covered by certain provisions of the Division, and invalid if not. Validity under indigenous land use agreements  (3) A future act will be valid if the parties to certain agreements (called indigenous land use agreements—see Subdivisions B, C and D) consent to it being done and, at the time it is done, details of the agreement are on the Register of Indigenous Land Use Agreements. An indigenous land use agreement, details of which are on the Register, may also validate a future act (other than an intermediate period act) that has already been invalidly done. Other bases for validity  (4) A future act will also be valid to the extent covered by any of the following:  (a) section 24FA (future acts where procedures indicate absence of native title);  (b) section 24GB (acts permitting primary production on non‑exclusive agricultural or pastoral leases);  (c) section 24GD (acts permitting off‑farm activities directly connected to primary production activities);  (d) section 24GE (granting rights to third parties etc. on non‑exclusive agricultural or pastoral leases);  (e) section 24HA (management of water and airspace);  (f) section 24IA (acts involving renewals and extensions etc. of acts);  (fa) section 24JAA (public housing etc.);  (g) section 24JA (acts involving reservations, leases etc.);  (h) section 24KA (acts involving facilities for services to the public);  (i) section 24LA (low impact future acts);  (j) section 24MD (acts that pass the freehold test—but see subsection (5));  (k) section 24NA (acts affecting offshore places). Right to negotiate  (5) In the case of certain acts covered by section 24IC (permissible lease etc. renewals) or section 24MD (acts that pass the freehold test), for the acts to be valid it is also necessary to satisfy the requirements of Subdivision P (which provides a “right to negotiate”). Extinguishment/non‑extinguishment; procedural rights and compensation  (6) This Division provides that, in general, valid future acts are subject to the non‑extinguishment principle. The Division also deals with procedural rights and compensation for the acts. Activities etc. prevail over native title  (7) To avoid doubt, section 44H provides that a valid lease, licence, permit or authority, and any activity done under it, prevail over any native title rights and interests and their exercise. Statutory access rights  (8) This Division confers access rights in respect of non‑exclusive agricultural and non‑exclusive pastoral leases on certain persons covered by registered native title claims (see Subdivision Q). 24AB  Order of application of provisions Indigenous land use agreement provisions  (1) To the extent that a future act is covered by section 24EB (which deals with the effect of indigenous land use agreements on future acts), it is not covered by any of the sections listed in paragraphs 24AA(4)(a) to (k). Other provisions  (2) To the extent that a future act is covered by a particular section in the list in paragraphs 24AA(4)(a) to (k), it is not covered by a section that is lower in the list. Note: It is important to know under which particular provision a future act is valid because the consequences in terms of compensation and procedural rights may be different.  (3) However, if, apart from subsection (2), a future act could be covered, to any extent, by both section 24JAA and section 24KA, then:  (a) if the act is notified in accordance with subsections 24JAA(10) to (12), it is not covered, to that extent, by section 24KA; and  (b) if the act is not notified in accordance with subsections 24JAA(10) to (12), it is not covered, to that extent, by section 24JAA. Note: This allows for things, such as the construction of roads and electricity transmission or distribution facilities, to be done under either Subdivision JA or Subdivision K when done in connection with housing or facilities covered by Subdivision JA. 24AC  Regulations about notification   The regulations may impose requirements to notify persons of acts, or classes of acts, that are to any extent valid under this Division (whether such notice is required to be given before or after the acts are done). Subdivision B—Indigenous land use agreements (body corporate agreements) 24BA  Indigenous land use agreements (body corporate agreements)   An agreement meeting the requirements of sections 24BB to 24BE is an indigenous land use agreement. Note: Subdivisions C and D provide for other kinds of indigenous land use agreements. 24BB  Coverage of body corporate agreements  (a) the doing, or the doing subject to conditions (which may be about procedural matters), of particular future acts, or future acts included in classes;  (aa) particular future acts (other than intermediate period acts), or future acts (other than intermediate period acts) included in classes, that have already been done;  (ab) changing the effects, that are provided for by section 22B or by a law of a State or Territory that contains provisions to the same effect, of an intermediate period act or of intermediate period acts included in classes;  (b) withdrawing, amending, varying or doing any other thing in relation to an application under Division 1 of Part 3 in relation to land or waters in the area;  (d) the manner of exercise of any native title rights and interests or other rights and interests in relation to the area;  (e) extinguishing native title rights and interests in relation to land or waters in the area by the surrender of those rights and interests to the Commonwealth, a State or a Territory;  (eaa) providing a framework for the making of other agreements about matters relating to native title rights and interests;  (f) any other matter concerning native title rights and interests in relation to the area. Note 1: If the agreement involves consent to the doing of a future act or class of future act, or the doing of a future act or class of future act subject to conditions, it must include a statement to that effect: see paragraph 24EB(1)(b). Note 2: If a future act covered by such a statement would otherwise be subject to the “right to negotiate” provisions in Subdivision P, the agreement must also include a statement that those provisions are not intended to apply: see paragraph 24EB(1)(c). Note 3: If the agreement involves the extinguishment of native title by surrender, it must include a statement to that effect: see paragraph 24EB(1)(d). 24BC  Body corporate agreements only where bodies corporate for whole area  (1) The agreement must not be made unless there are registered native title bodies corporate in relation to all of the area.  (a) there is an approved determination of native title to the effect that native title does not exist in relation to part of the area; or  (b) part of the area was expressly excluded from the area covered by an approved determination of native title because of subsection 61A(2) (restrictions on making of certain applications); it is not necessary for there to be a registered native title body corporate for that part of the area in order to satisfy subsection (1). 24BD  Parties to body corporate agreements Registered native title bodies corporate  (1) All of the registered native title bodies corporate in relation to the area must be parties to the agreement. Governments  (2) If the agreement makes provision for the extinguishment of native title rights and interests by surrendering them to the Commonwealth, a State or a Territory as mentioned in paragraph 24BB(e), the Commonwealth, State or Territory must be a party to the agreement. If the agreement does not make such provision, the Commonwealth, a State or a Territory may still be a party. Others  (3) Any other person or persons may be parties. Procedure where no representative body party  (4) If there are any representative Aboriginal/Torres Strait Islander bodies for any of the area and none of them is proposed to be a party to the agreement, the registered native title body corporate, before entering into the agreement:  (a) must inform at least one of the representative Aboriginal/Torres Strait Islander bodies of its intention to enter into the agreement; and  (b) may consult any such representative Aboriginal/Torres Strait Islander bodies about the agreement. 24BE  Consideration and conditions  (1) The agreement may be given for any consideration, and subject to any conditions, agreed by the parties (other than consideration or conditions that contravene any law).  (2) Without limiting subsection (1), the consideration may be the grant of a freehold estate in any land, or any other interests in relation to land whether statutory or otherwise. 24BF  Assistance to make body corporate agreements  (1) Persons wishing to make the agreement may request assistance from the NNTT or a recognised State/Territory body in negotiating the agreement.  (2) The NNTT must not use or disclose information to which it has had access only because it has provided assistance in negotiating the agreement for any purpose other than providing that assistance without the prior consent of the person who provided the NNTT with the information. 24BG  Application for registration of body corporate agreements  (1) Any party to the agreement may, if all of the other parties agree, apply in writing to the Registrar for the agreement to be registered on the Register of Indigenous Land Use Agreements.  (3) The Registrar may give such assistance as he or she considers reasonable to help a party to the agreement prepare the application and accompanying material. 24BH  Notice of body corporate agreements Notice to persons who are not parties to an agreement  (1) The Registrar must give notice of the agreement, in accordance with subsection (2), to any of the following who are not parties to the agreement:  (a) the Commonwealth Minister;  (b) if the agreement covers an area within the jurisdictional limits of a State or Territory—the State Minister or the Territory Minister for the State or Territory;  (c) any representative Aboriginal/Torres Strait Islander body for the area covered by the agreement;  (d) any local government body for the area covered by the agreement;  (e) any other person whom the Registrar, having regard to the nature of the agreement, considers appropriate.  (2) The notice under subsection (1) must:  (i) any statements included in the agreement that are of a kind mentioned in paragraph 24EB(1)(b), (c) or (d) or 24EBA(1)(a); or  (ii) a summary of any statements included in the agreement that are of that kind, together with information about where further detail about the statements may be obtained.  (3) The notice under subsection (1) must specify a day as the notification day for the agreement. Each such notice in relation to the agreement must specify the same day.  (4) That day must be a day by which, in the Registrar’s opinion, it is reasonable to assume that all notices under subsection (1) in relation to the agreement will have been received by, or will otherwise have come to the attention of, the persons who must be notified under that subsection. Notice to parties to the agreement  (5) The Registrar must give notice to the parties to the agreement of the notification day for the agreement that was specified in the notice under subsection (1). 24BI  Registration of body corporate agreements  (1) Subject to this section, the Registrar must register the agreement on the Register of Indigenous Land Use Agreements.  (2) The Registrar must not register the agreement if any of the parties to the agreement advises the Registrar, within 1 month after the notification day, that the party does not wish the agreement to be registered on the Register.  (3) The Registrar must not register the agreement if:  (a) a representative Aboriginal/Torres Strait Islander body for any of the area advises the Registrar, within 1 month after the notification day, that the requirements of paragraph 24BD(4)(a) were not complied with in relation to the agreement; and  (b) the Registrar is satisfied that the requirements were not complied with. Subdivision C—Indigenous land use agreements (area agreements) 24CA  Indigenous land use agreements (area agreements)   An agreement meeting the requirements of sections 24CB to 24CE is an indigenous land use agreement. Note: Subdivisions B and D provide for other kinds of indigenous land use agreements. 24CB  Coverage of area agreements  (a) the doing, or the doing subject to conditions (which may be about procedural matters), of particular future acts, or future acts included in classes;  (aa) particular future acts (other than intermediate period acts), or future acts (other than intermediate period acts) included in classes, that have already been done;  (ab) changing the effects, that are provided for by section 22B or by a law of a State or Territory that contains provisions to the same effect, of an intermediate period act or of intermediate period acts included in classes;  (b) withdrawing, amending, varying or doing any other thing in relation to an application under Division 1 of Part 3 in relation to land or waters in the area;  (d) the manner of exercise of any native title rights and interests or other rights and interests in relation to the area;  (e) extinguishing native title rights and interests in relation to land or waters in the area by the surrender of those rights and interests to the Commonwealth, a State or a Territory;  (eaa) providing a framework for the making of other agreements about matters relating to native title rights and interests;  (f) any other matter concerning native title rights and interests in relation to the area;  (g) any matter concerning rights conferred by Subdivision Q (which gives certain persons covered by registered native title claims rights of access to non‑exclusive agricultural and pastoral leases). Note 1: If the agreement involves consent to the doing of a future act or class of future act, or the doing of a future act or class of future act subject to conditions, it must include a statement to that effect: see paragraph 24EB(1)(b). Note 2: If a future act covered by such a statement would otherwise be subject to the “right to negotiate” provisions in Subdivision P, the agreement must also include a statement that those provisions are not intended to apply: see paragraph 24EB(1)(c). Note 3: If the agreement involves the extinguishment of native title by surrender, it must include a statement to that effect: see paragraph 24EB(1)(d). 24CC  Requirement that no bodies corporate for whole of area   The agreement must not be made if there are registered native title bodies corporate in relation to all of the area. Note: If there are registered native title bodies corporate for all of the area, an agreement under Subdivision B may be made. 24CD  Parties to area agreements Native title group to be parties  (1) All members of the native title group (see subsection (2) or (3)) in relation to the area must be parties to the agreement. Native title group where registered claimant or body corporate  (2) If there is a registered native title claimant, or a registered native title body corporate, in relation to any of the land or waters in the area, the native title group consists of:  (a) all registered native title claimants in relation to land or waters in the area; and Note: The agreement will bind all members of the native title claim group concerned: see paragraph 24EA(1)(b).  (b) all registered native title bodies corporate in relation to land or waters in the area; and  (c) if, for any part (the non‑claimed/determined part) of the land or waters in the area, there is neither a registered native title claimant nor a registered native title body corporate—one or more of the following:  (i) any person who claims to hold native title in relation to land or waters in the non‑claimed/determined part;  (ii) any representative Aboriginal/Torres Strait Islander body for the non‑claimed/determined part.  (2A) The requirement that all registered native title claimants in relation to land or waters in the area be parties to the agreement is satisfied if, for each of those registered native title claimants:  (a) a majority of the persons who comprise the registered native title claimant are parties to the agreement, unless paragraph (b) applies; or  (b) if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement—those persons are parties to the agreement.  (2B) The persons in the majority must notify the other persons who comprise the registered native title claimant within a reasonable period after becoming parties to the agreement as mentioned in paragraph (2A)(a). A failure to comply with this subsection does not invalidate the agreement. Native title group where no registered claimant or body corporate  (3) If subsection (2) does not apply, the native title group consists of one or more of the following:  (a) any person who claims to hold native title in relation to land or waters in the area;  (b) any representative Aboriginal/Torres Strait Islander body for the area. Other native title parties  (4) If the native title group is covered by subsection (2), one or more of the following may also be parties to the agreement:  (a) any other person who claims to hold native title in relation to land or waters in the area;  (b) any representative Aboriginal/Torres Strait Islander body for the area. Government parties  (5) If the agreement makes provision for the extinguishment of native title rights and interests by surrendering them to the Commonwealth, a State or Territory as mentioned in paragraph 24CB(e), the Commonwealth, State or Territory must be a party to the agreement. If the agreement does not make such provision, the Commonwealth, a State or a Territory may still be a party. Other parties  (6) Any other person may be a party to the agreement. Procedure where no representative body party  (7) If there are any representative Aboriginal/Torres Strait Islander bodies for any of the area and none of them is proposed to be a party to the agreement, a member of the native title group, before entering into the agreement:  (a) must inform at least one of the representative Aboriginal/Torres Islander bodies of its intention to enter into the agreement; and  (b) may consult any such representative Aboriginal/Torres Strait Islander bodies about the agreement. Note: The registration of agreements that are certified by a representative Aboriginal/Torres Strait Islander body is facilitated under section 24CK. 24CE  Consideration and conditions  (1) The agreement may be given for any consideration, and subject to any conditions, agreed by the parties (other than consideration or conditions that contravene any law).  (2) Without limiting subsection (1), the consideration may be the grant of a freehold estate in any land, or any other interests in relation to land whether statutory or otherwise. 24CF  Assistance to make area agreements  (1) Persons wishing to make the agreement may request assistance from the NNTT or a recognised State/Territory body in negotiating the agreement.  (2) The NNTT must not use or disclose information to which it has had access only because it provided assistance in negotiating the agreement for any purpose other than providing that assistance without the prior consent of the person who provided the NNTT with the information. 24CG  Application for registration of area agreements  (1) Any party to the agreement may, if all of the other parties agree, apply in writing to the Registrar for the agreement to be registered on the Register of Indigenous Land Use Agreements. Certificate or statement to accompany application in certain cases  (3) Also, the application must either:  (a) have been certified by all representative Aboriginal/Torres Strait Islander bodies for the area in performing their functions under paragraph 203BE(1)(b) in relation to the area; or  (b) include a statement to the effect that the following requirements have been met:  (i) all reasonable efforts have been made (including by consulting all representative Aboriginal/Torres Strait Islander bodies for the area) to ensure that all persons who hold or may hold native title in relation to land or waters in the area covered by the agreement have been identified;  (ii) all of the persons so identified have authorised the making of the agreement;  (iii) any conditions under section 251BA on the authority that relate to the making of the agreement have been satisfied;   together with a further statement briefly setting out the grounds on which the Registrar should be satisfied that the requirements are met. Note: The word authorise is defined in section 251A.  (4) The Registrar may give such assistance as he or she considers reasonable to help a party to the agreement prepare the application and accompanying material. Certification not affected if Aboriginal/Torres Strait Islander body subsequently ceases to be recognised  (5) To avoid doubt, the certification of an application under Part 11 by a representative Aboriginal/Torres Strait Islander body is not affected merely because, after certification, the recognition of the body as the representative Aboriginal/Torres Strait Islander body for the area concerned is withdrawn or otherwise ceases to have effect. 24CH  Notice of area agreements etc.  (1) If the Registrar is satisfied that an indigenous land use agreement that meets the requirements of sections 24CB to 24CE is in existence, the Registrar must:  (a) give notice of the agreement, in accordance with subsection (2), to any of the following who are not parties to the agreement:  (i) the Commonwealth Minister;  (ii) if the agreement covers an area within the jurisdictional limits of a State or Territory—the State Minister or the Territory Minister for the State or Territory;  (iii) any representative Aboriginal/Torres Strait Islander body for the area covered by the agreement;  (iv) any local government body for the area covered by the agreement;  (v) any other person whom the Registrar, having regard to the nature of the agreement, considers appropriate; and  (b) notify the public in the determined way of the agreement in accordance with subsection (2).  (2) The notice under paragraph (1)(a) or (b) must:  (i) any statements included in the agreement that are of a kind mentioned in paragraph 24EB(1)(b), (c) or (d) or 24EBA(1)(a); or  (ii) a summary of any statements included in the agreement that are of that kind, together with information about where further detail about the statements may be obtained; and  (d) include a statement that, within the period (the notice period) of 3 months after the notification day (see subsection (3)):  (i) if the application was certified by representative Aboriginal/Torres Strait Islander bodies for the area (see paragraph 24CG(3)(a))—any person claiming to hold native title in relation to any of the land or waters in the area covered by the agreement may object, in writing to the Registrar, against registration of the agreement on the ground that the requirements of paragraph 203BE(5)(a), (b) or (c) were not satisfied in relation to the certification; or  (ii) if the application contained a statement as mentioned in paragraph 24CG(3)(b) to the effect that certain requirements have been met (in summary, relating to identifying native title holders and ensuring that they have authorised the making of the agreement)—any person claiming to hold native title in relation to land or waters in the area covered by the agreement may wish, in response to the notice, to make a native title determination application or equivalent application under a law of a State or Territory.  (3) The notice under paragraph (1)(a) or (b) must specify a day as the notification day for the agreement. Each such notice in relation to the agreement must specify the same day.  (4) That day must be a day by which, in the Registrar’s opinion, it is reasonable to assume that all notices under paragraph (1)(a) or (b) in relation to the agreement will have been received by, or will otherwise have come to the attention of, the persons who must be notified under those paragraphs. 24CI  Objections against registration Making objections  (1) If the application was certified by representative Aboriginal/Torres Strait Islander bodies for the area (see paragraph 24CG(3)(a)), any person claiming to hold native title in relation to any of the land or waters in the area covered by the agreement may object, in writing to the Registrar, against registration of the agreement on the ground that the requirements of paragraph 203BE(5)(a), (b) or (c) were not satisfied in relation to the certification. Assistance in withdrawing objection  (2) If an objection is made within the notice period, the parties to the agreement may request assistance from the NNTT or a recognised State/Territory body in negotiating with the person making the objection with a view to having the objection withdrawn. Information obtained to provide assistance not to be used or disclosed in other contexts  (3) The NNTT must not use or disclose information to which it has had access only because it provided assistance under subsection (2) for any purpose other than providing that assistance without the prior consent of the person who provided the NNTT with the information. 24CJ  Decision about registration   The Registrar must, after the end of the notice period, decide whether or not to register an agreement covered by an application under this Subdivision on the Register of Indigenous Land Use Agreements. However, in a case where section 24CL is to be applied, the Registrar must not do so until all persons covered by paragraph (2)(b) of that section are known. 24CK  Registration of area agreements certified by representative bodies  (1) If the application for registration of the agreement was certified by representative Aboriginal/Torres Strait Islander bodies for the area (see paragraph 24CG(3)(a)) and the conditions in this section are satisfied, the Registrar must register the agreement. If the conditions are not satisfied, the Registrar must not register the agreement.  (2) The first condition is that:  (a) no objection under section 24CI against registration of the agreement was made within the notice period; or  (b) one or more objections under section 24CI against registration of the agreement were made within the notice period, but they have all been withdrawn; or  (c) one or more objections under section 24CI against registration of the agreement were made within the notice period, all of them have not been withdrawn, but none of the persons making them has satisfied the Registrar that the requirements of paragraph 203BE(5)(a), (b) or (c) were not satisfied in relation to the certification of the application by any of the representative Aboriginal/Torres Strait Islander bodies concerned.  (3) The second condition is that if, when the Registrar proposes to register the agreement, there is a registered native title body corporate in relation to any land or waters in the area covered by the agreement, that body corporate is a party to the agreement. Matters to be taken into account  (4) In deciding whether he or she is satisfied as mentioned in paragraph (2)(c), the Registrar must take into account any information given to the Registrar in relation to the matter by:  (a) the persons making the objections mentioned in that paragraph; and  (b) the representative Aboriginal/Torres Strait Islander bodies that certified the application; and may, but need not, take into account any other matter or thing. 24CL  Registration of area agreements not certified by representative Aboriginal/Torres Strait Islander bodies  (1) If the application for registration of the agreement contained a statement as mentioned in paragraph 24CG(3)(b) to the effect that certain requirements have been met (in summary, relating to identifying native title holders and ensuring that they have authorised the making of the agreement), and the conditions in subsections (2) and (3) of this section are satisfied, the Registrar must register the agreement. If the conditions are not satisfied, the Registrar must not register the agreement.  (2) The first condition is that the following are parties to the agreement:  (a) any person who is, at the end of the notice period, a registered native title body corporate in relation to any of the land or waters in the area covered by the agreement; and  (aa) any applicant who is, at the end of the notice period, a registered native title claimant in relation to any of the land or waters in the area covered by the agreement; and  (b) any applicant who, after the end of the notice period, becomes a registered native title claimant in relation to any of the land or waters in the area covered by the agreement, where the application containing the claim was made before the end of the notice period and:  (i) the claim is accepted by the Registrar for registration under subsection 190A(6) or is (otherwise than on appeal or review) found to satisfy conditions equivalent to those set out in sections 190B and 190C under a law of a State or Territory; or  (ii) the claim is accepted by the Registrar for registration as a result of an application under subsection 190F(1), where the application was made not more than 28 days after the notice under subsection 190D(1) was given; or  (iia) the claim is accepted by the Registrar for registration as a result of notification given to the Registrar by the NNTT under section 190E on application under that section, where the application was made not more than 28 days after the notice under subsection 190D(1) was given; or  (iii) the claim is found to satisfy conditions equivalent to those set out in sections 190B and 190C under a provision of a law of a State or Territory to similar effect as section 190E or 190F, and the application under that provision was made within a time period corresponding to that set out in subparagraph (ii) of this paragraph.  (2A) The requirement that an applicant who is or becomes a registered native title claimant be a party to the agreement is satisfied if:  (a) a majority of the persons who comprise the registered native title claimant are parties to the agreement, unless paragraph (b) applies; or  (b) if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement—those persons are parties to the agreement.  (2B) The persons in the majority must notify the other persons who comprise the registered native title claimant within a reasonable period after becoming parties to the agreement as mentioned in paragraph (2A)(a). A failure to comply with this subsection does not invalidate the agreement.  (3) The second condition is that the Registrar considers that the requirements in paragraph 24CG(3)(b) (in summary, relating to identifying native title holders and ensuring that they have authorised the making of the agreement) have been met. Matters to be taken into account  (4) In deciding whether the requirements have been met, the Registrar must take into account:  (a) the statements in the application; and  (b) any information the Registrar is given on the matter by any representative Aboriginal/Torres Strait Islander body or by any other body or person; and may, but need not, take into account any other matter or thing. Subdivision D—Indigenous land use agreements (alternative procedure agreements) 24DA  Indigenous land use agreements (alternative procedure agreements)   An agreement meeting the requirements of sections 24DB to 24DF is an indigenous land use agreement. Note: Subdivisions B and C provide for other kinds of indigenous land use agreements. 24DB  Coverage of alternative procedure agreements  (a) the doing, or the doing subject to conditions (which may be about procedural matters), of particular future acts, or future acts included in classes;  (aa) particular future acts (other than intermediate period acts), or future acts (other than intermediate period acts) included in classes, that have already been done;  (b) withdrawing, amending, varying or doing any other thing in relation to an application under Division 1 of Part 3 in relation to land or waters in the area;  (d) the manner of exercise of any native title rights and interests or other rights and interests in relation to the area;  (e) providing a framework for the making of other agreements about matters relating to native title rights and interests;  (f) any other matter concerning native title rights and interests in relation to the area;  (g) any matter concerning rights conferred by Subdivision Q (which gives certain persons covered by registered native title claims rights of access to non‑exclusive agricultural and pastoral leases). Note 1: If the agreement involves consent to the doing of a future act or class of future act, or the doing of a future act or class of future act subject to conditions, it must include a statement to that effect: see paragraph 24EB(1)(b). Note 2: If a future act covered by such a statement would otherwise be subject to the “right to negotiate” provisions in Subdivision P, the agreement must also include a statement that those provisions are not intended to apply: see paragraph 24EB(1)(c). 24DC  No extinguishment of native title   The agreement must not provide for the extinguishment of any native title rights or interests. Note: The non‑extinguishment principle will apply to any future acts consented to in the agreement: see subsection 24EB(3). 24DD  Bodies corporate and representative bodies etc. No bodies corporate for whole of area  (1) The agreement must not be made if there are registered native title bodies corporate in relation to all of the land and waters in the area. Note: If there are registered native title bodies corporate for all of the area, an agreement under Subdivision B may be made. Body corporate or representative body for area  (2) There must be at least one registered native title body corporate in relation to land or waters in the area or at least one representative Aboriginal/Torres Strait Islander body for the area. 24DE  Parties to alternative procedure agreements Native title group and relevant governments to be parties  (1) All members of the native title group (see subsection (2)) in relation to the area must be parties to the agreement, as must every relevant government (see subsection (3)). Native title group  (2) The native title group consists of:  (a) all registered native title bodies corporate in relation to land or waters in the area; and  (b) all representative Aboriginal/Torres Strait Islander bodies for the area. Relevant government  (3) Each of the following is a relevant government:  (a) the Commonwealth, if any of the area covered by the agreement is a place outside the jurisdictional limits of the States and Territories;  (b) a State or Territory, if any of the area covered by the agreement is within the jurisdictional limits of the State or Territory. Other parties  (4) Any of the following may also be a party to the agreement:  (a) any registered native title claimant in relation to land or waters in the area; Note 1: Registered native title claimants are named on the Register of Native Title Claims as applicants in relation to claims to hold native title: see the definition of registered native title claimant in section 253. Note 2: The agreement will bind all members of the native title claim group concerned: see paragraph 24EA(1)(b).  (b) any other person who claims to hold native title in relation to land or waters in the area;  (c) any other person.  (5) A registered native title claimant is taken to be a party to the agreement if:  (a) a majority of the persons who comprise the registered native title claimant are parties to the agreement, unless paragraph (b) applies; or  (b) if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement—those persons are parties to the agreement.  (6) The persons in the majority must notify the other persons who comprise the registered native title claimant within a reasonable period after becoming parties to the agreement as mentioned in paragraph (5)(a). A failure to comply with this subsection does not invalidate the agreement. 24DF  Consideration and conditions  (1) The agreement may be given for any consideration, and subject to any conditions, agreed by the parties (other than consideration or conditions that contravene any law).  (2) Without limiting subsection (1), the consideration may be the grant of a freehold estate in any land, or any other interests in relation to land whether statutory or otherwise. 24DG  Assistance to make alternative procedure agreements  (1) Persons wishing to make the agreement may request assistance from the NNTT or a recognised State/Territory body in negotiating the agreement.  (2) The NNTT must not use or disclose information to which it has had access only because it provided assistance in negotiating the agreement for any purpose other than providing that assistance without the prior consent of the person who provided the NNTT with the information. 24DH  Application for registration of alternative procedure agreements  (1) Any party to the agreement may, if all of the other parties agree, apply in writing to the Registrar for the agreement to be registered on the Register of Indigenous Land Use Agreements.  (3) The Registrar may give such assistance as he or she considers reasonable to help a party to the agreement prepare the application and accompanying material. 24DI  Notice of alternative procedure agreements Notice to be given  (1) The Registrar must:  (a) give notice of the agreement, in accordance with subsection (2), to any of the following who are not parties to the agreement:  (i) the Commonwealth Minister;  (ii) if the agreement covers an area within the jurisdictional limits of a State or Territory—the State Minister or the Territory Minister for the State or Territory;  (iii) any local government body for the area covered by the agreement;  (iv) any other person whom the Registrar, having regard to the nature of the agreement, considers appropriate; and  (b) notify the public in the determined way of the agreement in accordance with subsection (2).  (2) The notice under paragraph (1)(a) or (b) must:  (i) any statements included in the agreement that are of a kind mentioned in paragraph 24EB(1)(b) or (c) or 24EBA(1)(a); or  (ii) a summary of any statements included in the agreement that are of that kind, together with information about where further detail about the statements may be obtained; and  (d) include a statement that, within the period (the notice period) of 3 months after the notification day (see subsection (3)), any person claiming to hold native title in relation to any of the land or waters in the area covered by the agreement may:  (i) obtain a copy of the agreement from the Registrar; and  (ii) object, in writing to the Registrar, against registration of the agreement on the ground that it would not be fair and reasonable to do so.  (3) The notice must specify a day as the notification day for the agreement. Each such notice in relation to the agreement must specify the same day.  (4) That day must be a day by which, in the Registrar’s opinion, it is reasonable to assume that all notices under paragraph (1)(a) or (b) in relation to the agreement will have been received by, or will otherwise have come to the attention of, the persons who must be notified under those paragraphs. Request for copy of agreement  (5) If a person claiming to hold native title in relation to any of the land or waters covered by the agreement requests a copy of the agreement, the Registrar must comply with the request. 24DJ  Objections against registration Making objections  (1) Any person claiming to hold native title in relation to any of the land or waters in the area covered by the agreement may make an application to the Registrar objecting against registration of the agreement on the ground that it would not be fair and reasonable to register the agreement. Note: Section 77A sets out the material and fees that must accompany the application, and includes a requirement to state reasons why it would not be fair and reasonable to register the agreement. Assistance in withdrawing objection  (2) If an objection is made within the notice period, the parties may request assistance from the NNTT or a recognised State/Territory body in negotiating with the person making the objection with a view to having the objection withdrawn.  (3) The NNTT must not use or disclose information to which it has had access only because it provided assistance under subsection (2) for any purpose other than providing that assistance without the prior consent of the person who provided the NNTT with the information. 24DK  Decision about registration   The Registrar must, after the end of the notice period, decide whether or not to register the agreement on the Register of Indigenous Land Use Agreements. 24DL  Registration of alternative procedure agreements  (1) If a condition in subsection (2) is satisfied, the Registrar must register the agreement. If none of the conditions is satisfied, the Registrar must not register the agreement.  (2) The conditions are that:  (a) no objection against registration of the agreement was made within the notice period; or  (b) one or more objections against registration of the agreement were made within the notice period, but they have all been withdrawn; or  (c) one or more objections against registration of the agreement were made during the notice period, all of them have not been withdrawn, but none of the persons making them has satisfied the NNTT or a recognised State/Territory body that it would not be fair and reasonable to register the agreement, having regard to:  (i) the content of the agreement; and  (ii) the effect of the agreement on native title rights and interests; and  (iii) any benefits provided under the agreement to current native title holders (whether or not identified at the time the agreement is made) and their successors, and the way in which those benefits are to be distributed; and  (iv) any other relevant circumstance. Note: Sections 77A and 77B deal with applications to the NNTT objecting against registration of the agreement. 24DM  Other registration procedures and conditions   The regulations may provide for procedures and conditions for the registration of agreements under this Subdivision on the Register of Indigenous Land Use Agreements. Agreements are to be registered if either those procedures and conditions or the ones set out in sections 24DH to 24DL are complied with. Subdivision E—Effect of registration of indigenous land use agreements 24EA  Contractual effect of registered agreement  (1) While details of an agreement are entered on the Register of Indigenous Land Use Agreements, the agreement has effect, in addition to any effect that it may have apart from this subsection, as if:  (a) it were a contract among the parties to the agreement; and  (b) all persons holding native title in relation to any of the land or waters in the area covered by the agreement, who are not already parties to the agreement, were bound by the agreement in the same way as the registered native title bodies corporate, or the native title group, as the case may be. Note: Section 199B specifies the details of the agreement that are required to be entered on the Register. Only certain persons bound by agreement  (2) To avoid doubt, a person is not bound by the agreement unless the person is a party to the agreement or a person to whom paragraph (1)(b) applies. Legislation etc. to give effect to agreement not affected  (3) If the Commonwealth, a State or a Territory is a party to an indigenous land use agreement whose details are entered in the Register of Indigenous Land Use Agreements, this Act does not prevent the Commonwealth, the State or the Territory doing any legislative or other act to give effect to any of its obligations under the agreement. 24EB  Effect of registration on proposed acts covered by indigenous land use agreements  (1) The consequences set out in this section apply if:  (a) a future act is done; and  (b) when it is done, there are on the Register of Indigenous Land Use Agreements details of an agreement that includes a statement to the effect that the parties consent to:  (i) the doing of the act or class of act in which the act is included; or  (ii) the doing of the act, or class of act in which the act is included, subject to conditions; and  (c) if the act is, apart from this Subdivision, an act to which Subdivision P (which deals with the right to negotiate) applies—the agreement also includes a statement to the effect that Subdivision P is not intended to apply; and Note: The fact that, under the “right to negotiate” provisions in Subdivision P, agreements can be made after notice of an act is given as mentioned in section 29 does not prevent an indigenous land use agreement being made that consents to the doing of the act.  (d) if the act is the surrender of native title under an agreement covered by Subdivision B or C—the agreement also includes a statement to the effect that the surrender is intended to extinguish the native title rights and interests.  (2) The act is valid to the extent that it affects native title in relation to land or waters in the area covered by the agreement.  (2A) To avoid doubt, removal of the details of an agreement from the Register of Indigenous Land Use Agreements does not affect the validity of a future act done while the details were on the Register.  (3) Unless a statement of the kind mentioned in paragraph (1)(d) in relation to the act is included in the agreement, the non‑extinguishment principle applies to the act. Restriction on compensation where Subdivision B agreement  (4) In the case of an agreement under Subdivision B, the following are not entitled to any compensation for the act under this Act, other than compensation provided for in the agreement:  (a) any registered native title body corporate who is a party to the agreement;  (b) any common law holder of native title:  (i) for whom such a registered native title body corporate holds native title rights and interests on trust; or  (ii) of whom such a registered native title body corporate is the agent or representative; Note: For the definition of common law holder, see section 56.  (c) any native title holder who is entitled to any of the benefits provided under the agreement. Restriction on compensation where Subdivision C agreement  (5) In the case of an agreement under Subdivision C, the following are not entitled to any compensation for the act under this Act, other than compensation provided for in the agreement:  (a) any native title holder who is entitled to any of the benefits provided under the agreement;  (b) any native title holder who authorised the making of the agreement as mentioned in:  (i) if the application was certified by representative Aboriginal/Torres Strait Islander bodies as mentioned in paragraph 24CG(3)(a)—paragraph 203BE(5)(b); or  (ii) if the application included statements as mentioned in paragraph 24CG(3)(b) to the effect that certain requirements have been met (in summary, relating to identifying all native title holders and ensuring that they have authorised the making of the agreement)—that paragraph. Restriction on compensation where Subdivision D agreement  (6) In the case of an agreement under Subdivision D, no native title holder who is entitled to any of the benefits provided under the agreement is entitled to any compensation for the act under this Act, other than compensation provided for in the agreement. Compensation under Division 5  (7) If any native title holder in relation to the land or waters covered by the agreement (except one who, because of subsection (4), (5) or (6), is not entitled to compensation other than that provided for in the agreement) would be entitled to compensation under subsection 17(2) for the act on the assumption that it was a past act referred to in that subsection:  (a) he or she is entitled, in accordance with Division 5, to compensation for the act; and  (b) he or she may recover the compensation from:  (i) if subparagraph (ii) does not apply—the Crown in right of the Commonwealth, a State or a Territory (according to whether the act is attributable to the Commonwealth, the State or the Territory); or  (ii) any person or persons who, under an agreement in writing with the Commonwealth, the State or the Territory, are liable to pay the compensation. 24EBA  Effect of registration on previous acts covered by indigenous land use agreements  (1) The consequences set out in this section apply if:  (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:  (i) the validating of a particular future act (other than an intermediate period act), or future acts (other than intermediate period acts) included in classes, that have already been done invalidly; or  (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; or  (iii) changing the effects, that are provided for by section 22B (which relates to native title rights and interests) or by a law of a State or Territory that contains provisions to the same effect, of an intermediate period act or of intermediate period acts included in classes; and  (b) whichever of the Commonwealth, the State or the Territory to which the act or class of acts is attributable is a party to the agreement; and  (c) where, whether under the agreement or otherwise, a person other than the Crown in right of the Commonwealth, a State or a Territory 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. Commonwealth future acts valid  (2) If subparagraph (1)(a)(i) or (ii) applies and the future act or class of future acts is attributable to the Commonwealth, the act or class of acts is valid, and is taken always to have been valid. State or Territory laws may validate their future acts  (3) If subparagraph (1)(a)(i) or (ii) applies and the future act or class of future acts is attributable to a State or Territory, a law of the State or the Territory may provide that the act or class of acts is valid, and is taken always to have been valid. The law may do so by applying to all acts, to classes of acts, or to particular acts, to which subparagraph (1)(a)(i) or (ii) applies in respect of which the requirements of subsection (1) are or become satisfied. Non‑extinguishment principle applies to future acts  (4) If subsection (2) applies or a law makes provision in accordance with subsection (3), the non‑extinguishment principle applies to the act or class of acts unless:  (a) the act or class of acts is the surrender of native title; and  (b) the agreement includes a statement to the effect that the surrender is intended to have extinguished the native title rights and interests. Compensation consequences of future acts  (5) If subsection (2) applies or a law makes provision in accordance with subsection (3), the consequences set out in subsection 24EB(4), (5) or (6), and the consequences set out in subsection 24EB(7), apply to the act or to each of the acts in the class. Changing the effects of validated acts  (6) If subparagraph (1)(a)(iii) applies, the effects mentioned in that subparagraph are changed in accordance with the agreement. Removal of agreement from the Register  (7) To avoid doubt, removal of the details of an agreement from the Register of Indigenous Land Use Agreements does not affect:  (a) the validity of a future act validated by subsection (2) or a law of a State or Territory mentioned in subsection (3); or  (b) the effects of an intermediate period act that have been changed under subsection (6). 24EC  Agreements unrelated to future acts   The fact that this Subdivision deals with agreements with native title holders that relate to their native title rights and interests does not imply that the Commonwealth, a State or a Territory cannot:  (a) make other agreements; or  (b) legislate in relation to the making of other agreements; with native title holders that relate to their native title rights and interests (other than agreements consenting to the doing of future acts). 24ED  Amended agreements  (1) If the details of an agreement are entered on the Register of Indigenous Land Use Agreements, the agreement has effect, for the purposes of this Act, as if the agreement included any amendments of the agreement that:  (a) have been agreed to by the parties to the agreement; and  (b) have been notified to the Registrar in writing by the parties; but only so far as the amendments:  (c) update property descriptions, but not so as to result in the inclusion of any area of land or waters not previously covered by the agreement; or  (d) update a description identifying a party to the agreement, including where a party has assigned or otherwise transferred rights or liabilities under the agreement; or  (e) do a thing specified in a legislative instrument made under subsection (3).  (2) If the details of an agreement are entered on the Register of Indigenous Land Use Agreements, the agreement has effect, for the purposes of this Act, as if it did not include any amendments other than those that have effect because of subsection (1). Note: An application for registration of such an agreement as amended could be made under Subdivision B, C or D. Instrument specifying a thing  (3) The Commonwealth Minister may, by legislative instrument, specify a thing that an amendment to an agreement may do for the purposes of paragraph (1)(e). Subdivision F—Future acts: if procedures indicate absence of native title 24FA  Consequences if section 24FA protection applies  (1) If an area is subject to section 24FA protection (see sections 24FB, 24FC and 24FD) at a particular time:  (a) any future act by any person in relation to the area that is done at that time is valid; and  (b) if such an act extinguishes native title to any extent—the native title holders are entitled to compensation, in accordance with Division 5, for the act in so far as it has that effect; and  (c) if the act mentioned in paragraph (a) does not so extinguish native title and the native title holders would be entitled to compensation under subsection 17(2) for the act on the assumption that it was a past act referred to in that subsection—they are entitled, in accordance with Division 5, to compensation for the act.  (2) The native title holders may recover the compensation from: 24FB  When section 24FA protection arises—government applications   An area is subject to section 24FA protection at a particular time if:  (a) before that time, a non‑claimant application (see section 253), or a corresponding application for an approved determination of native title under a law of a State or Territory, has been made by or on behalf of a Minister, the Crown in any capacity, or a statutory authority; and  (b) the area is the whole of the area covered by the application and the application has not been amended as to area; and  (c) the period specified in the notice given under section 66, or under a corresponding provision of the law of the State or Territory, has ended; and  (d) at the end of that period, there is no relevant native title claim (see section 24FE) covering the area or a part of the area; and  (e) the application has not been withdrawn, dismissed or otherwise finalised; and  (f) there is no entry on the National Native Title Register, included under paragraph 193(1)(a) or (b), specifying that native title exists in relation to the area or a part of the area. 24FC  When section 24FA protection arises—non‑government applications   An area is subject to section 24FA protection at a particular time if:  (a) before that time, a non‑claimant application, or a corresponding application for an approved determination of native title under a law of a State or Territory, has been made; and  (b) the application is not covered by paragraph 24FB(a); and  (c) the area is the whole or a part of the area covered by the application; and  (d) the period specified in the notice given under section 66, or under a corresponding provision of the law of the State or Territory, has ended; and  (i) at the end of that period, there is no relevant native title claim (see section 24FE) covering the area; or  (ii) after the end of that period, but before the particular time, all entries that relate to a relevant native title claim that covered the area are removed from the Register of Native Title Claims or cease to cover the area; and  (f) the application, in so far as it relates to that area, has not been withdrawn, dismissed or otherwise finalised; and  (g) there is no entry on the National Native Title Register, included under paragraph 193(1)(a) or (b), specifying that native title exists in relation to the area. 24FD  When section 24FA protection arises—entry on National Native Title Register   An area is subject to section 24FA protection at a particular time if it is covered by an entry on the National Native Title Register, included under paragraph 193(1)(a) or (b), specifying that no native title exists in relation to the area. 24FE  Relevant native title claim   For the purposes of this Subdivision, there is a relevant native title claim covering an area at the end of the period mentioned in paragraph 24FB(c) or 24FC(d) if:  (a) at that time, there is an entry covering that area on the Register of Native Title Claims; or  (b) after that time, an entry covering that area is included on the Register of Native Title Claims, provided the application containing the claim was made before that time and:  (i) the claim is accepted by the Registrar for registration under subsection 190A(6) or is (otherwise than on appeal or review) found to satisfy conditions equivalent to those set out in sections 190B and 190C under a law of a State or Territory; or  (ii) the claim is accepted by the Registrar for registration as a result of an application under subsection 190F(1) and the application was made not more than 28 days after the notice under subsection 190D(1) was given; or  (iia) the claim is accepted by the Registrar for registration as a result of notification given to the Registrar by the NNTT under section 190E on application under that section, where the application was made not more than 28 days after the notice under subsection 190D(1) was given; or  (iii) the claim is found to satisfy conditions equivalent to those set out in sections 190B and 190C under a provision of a law of a State or Territory to similar effect as section 190E or 190F, and the application under that provision was made within a time period corresponding to that set out in subparagraph (ii). Subdivision G—Future acts and primary production 24GA  Primary production activity Primary production activity  (1) The expression primary production activity includes the following:  (a) cultivating land;  (b) maintaining, breeding or agisting animals;  (c) taking or catching fish or shellfish;  (d) forest operations (defined in section 253);  (e) horticultural activities (see section 253 for the definition of horticulture);  (f) aquacultural activities;  (g) leaving fallow or de‑stocking any land in connection with the doing of any thing that is a primary production activity. Mining excluded  (2) The expression primary production activity does not include mining. 24GB  Acts permitting primary production on non‑exclusive agricultural and pastoral leases  (a) a non‑exclusive agricultural lease (see section 247B) or non‑exclusive pastoral lease (see section 248B) was granted on or before 23 December 1996; and Note: As at the commencement of this section, grants before 1 January 1994 that were invalid because of native title have been validated by or under Division 2.  (c) the future act takes place after 23 December 1996; and  (d) the future act permits or requires the carrying on of any of the following while the lease (including as renewed on one or more occasions) is in force:  (i) a primary production activity (see section 24GA) on the area covered by the lease; or  (ii) another activity, on the area covered by the lease, that is associated with or incidental to a primary production activity covered by subparagraph (i), provided that, when the other activity is being carried on, the majority of the area covered by the lease is used for primary production activities; and  (e) the future act could have been validly done or authorised at some time before 31 March 1998, if any native title in relation to the area covered by the lease had not then existed. Farm tourism included  (2) This section applies to a future act that:  (a) takes place after 23 December 1996; and  (b) permits or requires a farm tourism activity in the area covered by a lease meeting the requirements of paragraphs (1)(a) and (b) while the lease is in force (including as renewed on one or more occasions). Exception to subsection (2)  (3) However, this section does not apply to a future act permitting or requiring farm tourism if the act permits or requires tourism that involves observing activities or cultural works of Aboriginal peoples or Torres Strait Islanders. Certain acts not covered  (4) This section does not apply to a future act if:  (a) where the lease covered by paragraph (1)(a) is a non‑exclusive pastoral lease covering an area greater than 5,000 hectares—the act has the effect that the majority of the area covered by the lease is required or permitted to be used for purposes other than pastoral purposes; or  (b) in any case—the act converts a lease covered by paragraph (1)(a) into a lease conferring a right of exclusive possession, or into a freehold estate, over any of the land or waters covered by the lease. Note: If such an act is done in exercise of a legally conferred right, it could be covered by section 24ID. A lease conferring such rights or a freehold estate could be granted after a compulsory acquisition of native title under section 24MD or under certain indigenous land use agreements.  (5) If this section applies to a future act, the act is valid.  (6) The non‑extinguishment principle applies to the act.  (7) The native title holders concerned are entitled to compensation for the act in accordance with Division 5.  (8) The compensation is payable by:  (a) the primary production activity mentioned in subparagraph (1)(d)(i) or (ii) is forest operations, a horticultural activity or an aquacultural activity; or  (b) the lease mentioned in paragraph (1)(a) is a non‑exclusive pastoral lease and the primary production activity mentioned in subparagraph (1)(d)(i) or (ii) is an agricultural activity; before the future act is done, the person proposing to do the act must:  (c) notify, in the way determined, by legislative instrument, by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters covered by the non‑exclusive agricultural lease or non‑exclusive pastoral lease that the act, or acts of that class, are to be done in relation to the particular land or waters; and  (d) give them an opportunity to comment on the act or class of acts. 24GC  Primary production etc. activities on non‑exclusive agricultural or pastoral leases  (1) This section applies to an activity if:  (a) a non‑exclusive agricultural lease (see section 247B) or non‑exclusive pastoral lease (see section 248B) was granted on or before 23 December 1996; and Note: As at the commencement of this section, grants before 1 January 1994 that were invalid because of native title have been validated by or under Division 2.  (c) the activity is the carrying on, after 23 December 1996 and while the lease (including as renewed on one or more occasions) is in force, of any of the following:  (i) a primary production activity on the area covered by the lease; or  (ii) another activity, on the area covered by the lease, that is associated with or incidental to a primary production activity covered by subparagraph (i), provided that, when the other activity is being carried on, the majority of the area covered by the lease is used for primary production activities; and  (d) at some time before 31 March 1998, the activity could have been done under any legislation then in force, or under any lease, licence, permit or authority that could have then been issued, in relation to the area covered by the lease, if any native title in relation to the area covered by the lease had not then existed. Activities prevail over native title etc.  (2) To avoid doubt:  (a) the doing of any activity mentioned in paragraph (1)(c) prevails over any native title rights and interests and any exercise of those rights and interests, but does not extinguish them; and  (b) the existence and exercise of native title rights and interests do not prevent the carrying on of any such activity. Note: This subsection is not intended to imply that the person carrying on the activity is not subject to the laws of a State or Territory.  (3) Native title holders are not entitled to compensation under this Act for the carrying on of the activity. Note: Any compensation to which the native title holders may be entitled under this Act for the grant of the lease, or other authority for the doing of the activity, may take into account the doing of the activity. 24GD  Acts permitting off‑farm activities that are directly connected to primary production activities  (a) a freehold estate, an agricultural lease (see section 247) or a pastoral lease (see section 248) was granted on or before 23 December 1996; and Note: As at the commencement of this section, grants before 1 January 1994 that were invalid because of native title have been validated by or under Division 2.  (c) the future act takes place after 23 December 1996; and  (d) the future act is not:  (i) the grant of a lease; or  (ii) any act that confers a right of exclusive possession over land; and  (e) the future act permits or requires the carrying on of grazing, or an activity consisting of or relating to gaining access to or taking water, that:  (i) takes place while the freehold estate exists or the agricultural lease or pastoral lease (including as renewed on one or more occasions) is in force; and  (ii) is directly connected to the carrying on of any primary production activity on the area covered by the freehold estate or the agricultural lease or pastoral lease; and  (iii) takes place in an area adjoining or near the area covered by the freehold estate or the agricultural lease or pastoral lease; and  (iv) does not prevent native title holders in relation to land or waters in the area in which the activity will be carried on from having reasonable access to the area; and  (f) if:  (i) before the future act is done, an approved determination of native title is made in relation to the land or waters on which any activity permitted or required by the future act takes place; and  (ii) the determination is that native title exists in relation to the land or waters and that the native title rights and interests confer exclusive possession of the land or waters on the native title holders;   the doing of the activity is not inconsistent with the exercise of the native title rights and interests. Example 1: An example of an act covered by this section is the conferral of rights to graze cattle in an area adjoining that covered by an agricultural lease or pastoral lease, if the cattle are also grazed in the area covered by the lease. Example 2: Another example is the conferral of rights to take water from an area near that covered by an agricultural lease or pastoral lease, if the water is for use in carrying on primary production activities in the area covered by the lease.  (2) If this section applies to a future act, the act is valid.  (3) The non‑extinguishment principle applies to the act.  (4) The native title holders concerned are entitled to compensation for the act in accordance with Division 5.  (6) Before the act is done, the person proposing to do the act must:  (a) notify, in the way determined, by legislative instrument, by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters that will be affected by the act that the act, or acts of that class, are to be done in relation to the land or waters concerned; and 24GE  Granting rights to third parties etc. on non‑exclusive agricultural or pastoral leases  (a) a non‑exclusive agricultural lease (see section 247B) or a non‑exclusive pastoral lease (see section 248B) was granted on or before 23 December 1996; and Note: As at the commencement of this section, grants before 1 January 1994 that were invalid because of native title have been validated by or under Division 2.  (c) the future act takes place after 23 December 1996 and while the lease (including as renewed on one or more occasions) is in force; and  (d) the future act is not the grant of a lease; and  (e) the future act confers on any person (including the lessee) a right:  (i) to cut and remove timber; or  (ii) to extract, obtain or remove sand, gravel, rocks, soil or other resources (except so far as doing so constitutes mining);   from the area covered by the non‑exclusive agricultural lease or non‑exclusive pastoral lease; and  (f) before the future act is done, the person proposing to do the act:  (i) has notified, in the way determined, by legislative instrument, by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters covered by the non‑exclusive agricultural lease or non‑exclusive pastoral lease that the act, or acts of that class, are to be done in relation to the particular land or waters; and  (ii) has given them an opportunity to comment on the act or class of acts.  (2) The future act is valid.  (3) The non‑extinguishment principle applies to the act.  (4) The native title holders concerned are entitled to compensation for the act in accordance with Division 5. Subdivision H—Management of water and airspace 24HA  Management or regulation of water and airspace Legislative acts  (1) This section applies to a future act consisting of the making, amendment or repeal of legislation in relation to the management or regulation of:  (a) surface and subterranean water; or  (b) living aquatic resources; or  (c) airspace. In this subsection, water means water in all its forms and management or regulation of water includes granting access to water, or taking water. Leases, licences etc.  (2) This section also applies to a future act consisting of the grant of a lease, licence, permit or authority under legislation that:  (a) is valid (including because of this Act); and  (b) relates to the management or regulation of:  (i) surface and subterranean water; or  (ii) living aquatic resources; or  (iii) airspace.   In this paragraph, water means water in all its forms and management or regulation of water includes granting access to water, or taking water. Validity of act  (3) The act is valid.  (5) The native title holders concerned are entitled to compensation for the act in accordance with Division 5.  (6) The compensation is payable by:  (7) Before an act covered by subsection (2) is done, the person proposing to do the act must:  (a) notify, in the way determined, by legislative instrument, by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters that will be affected by the act, or acts of that class, that the act, or acts of that class, are to be done; and Subdivision I—Renewals and extensions etc. 24IA  Future acts to which this section applies   This Subdivision applies to a future act if the act is:  (a) a pre‑existing right‑based act (see section 24IB); or  (b) a permissible lease etc. renewal (see section 24IC). 24IB  Pre‑existing right‑based acts   A future act is a pre‑existing right‑based act if it takes place:  (a) in exercise of a legally enforceable right created by any act done on or before 23 December 1996 that is valid (including because of Division 2 or 2A); or  (b) in good faith in giving effect to, or otherwise because of, an offer, commitment, arrangement or undertaking made or given in good faith on or before 23 December 1996, and of which there is written evidence created at or about the time the offer, commitment, arrangement or undertaking was made. 24IC  Future acts that are permissible lease etc. renewals  (1) A future act is a permissible lease etc. renewal if:  (a) it is:  (i) the renewal; or  (ii) the re‑grant or re‑making; or  (iii) the extension of the term;   of a lease, licence, permit or authority (the original lease etc.) that is valid (including because of Division 2 or 2A); and  (b) any of the following subparagraphs applies:  (i) the original lease etc. was granted on or before 23 December 1996;  (ii) the grant of the original lease etc. was a permissible lease etc. renewal or a pre‑existing right‑based act;  (iii) the original lease etc. was created by an act covered by section 24GB, 24GD, 24GE or 24HA (which deal with certain acts in relation to primary production activities or involving management or regulation of water and airspace); and  (c) the future act does not:  (i) confer a right of exclusive possession over any of the land or waters covered by the original lease etc.; or  (ii) otherwise create a larger proprietary interest in the land or waters than was created by the original lease etc.; or  (iii) create a proprietary interest over any of the land or waters covered by the original lease etc., where the original lease etc. created only a non‑proprietary interest; or  (iv) if the original lease etc. was a non‑exclusive pastoral lease covering an area greater than 5,000 hectares and the majority of the area covered was not required or permitted to be used for purposes other than pastoral purposes—have the effect that the majority of the area covered by the renewed, re‑granted, re‑made or extended lease is required or permitted to be used for purposes other than pastoral purposes; and  (d) if the original lease etc. contains, or is subject to, a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders—the renewed, re‑granted, re‑made or extended lease, licence, permit or authority contains, or is subject to, the same reservation or condition; and  (e) if the original lease etc. did not permit mining—the renewed, re‑granted, re‑made or extended lease, licence, permit or authority does not permit mining. Replacement by 2 or more leases etc.  (2) If 2 or more leases, licences, permits or authorities are granted in place of, respectively, a single lease, licence, permit or authority, then, for the purposes of subsection (1), each of the 2 or more grants is taken to be a renewal of the single lease, licence, permit or authority. Replacing 2 or more leases etc. with a single lease etc.  (2A) If a single lease, licence, permit or authority is granted in place of, respectively, 2 or more leases, licences, permits or authorities (the original leases etc.), then:  (a) for the purpose of subsection (1), the single grant is taken to be a renewal of the original leases etc.; and  (b) paragraphs (1)(b) to (e) apply as if a reference in those paragraphs to the original lease etc. were a reference to the original leases etc. Features that do not prevent a lease etc. from being a renewal  (3) The features listed in subsection (4) do not prevent:  (a) an act from being the renewal, re‑grant, re‑making, or extension of the term, of a lease, licence, permit or authority (the old authority) for the purposes of subsection (1) (the renewed, re‑granted, re‑made or extended lease, licence, permit or authority being the new authority); or  (b) 2 or more leases, licences, permits or authorities (each of which is a new authority) from being granted in place of a single lease, licence, permit or authority (the old authority) for the purposes of subsection (2). Features  (4) The features are as follows:  (a) the new authority, or the new authorities together, cover a smaller area than the old authority;  (b) the term of the new authority, or of any of the new authorities, is longer than the term of the old authority;  (c) the new authority or any of the new authorities is a perpetual lease (other than a mining lease);  (d) if the new authority or any of the new authorities is a non‑exclusive agricultural lease or a non‑exclusive pastoral lease—the new authority permits or requires the carrying on of an activity that the old authority did not permit or require and that consists of:  (i) a primary production activity (see section 24GA); or  (ii) another activity, on the area covered by the new authority or of any of the new authorities, that is associated with or incidental to a primary production activity, provided that, when the other activity is being carried on, the use of the majority of the area covered by the new authority, or the new authorities together, will be for primary production activities. 24ID  Effect of Subdivision applying to an act  (1) If this Subdivision applies to a future act:  (a) subject to Subdivision P (which deals with the right to negotiate), the act is valid; and Note: Subdivision P applies only to certain renewals of mining leases etc.: see subsections 26(1A) and 26D(1).  (b) if the act consists of the grant of a freehold estate, or the conferral of a right of exclusive possession, over particular land or waters—the act extinguishes any native title in relation to the land or waters; and Note: The only acts to which this paragraph applies are certain acts covered by section 24IB.  (c) in any other case—the non‑extinguishment principle applies to the act; and  (d) in any case—the native title holders are entitled to compensation for the act in accordance with Division 5.  (2) The compensation is payable by:  (3) If paragraph (1)(b) applied in relation to the future act, then, before the act is done, the person proposing to do the act must:  (a) notify, in the way determined, by legislative instrument, by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters that will be affected by the act that the act, or acts of that class, are to be done in relation to the land or waters concerned; and Other procedural rights  (a) the act is a permissible lease etc. renewal of a non‑exclusive agricultural lease (see section 247B) or a non‑exclusive pastoral lease (see section 248B); and  (b) the act is covered by paragraph 24IC(4)(b) or (c); subsection 24MD(6B) applies to the act as if the act were a compulsory acquisition, of the kind mentioned in that subsection, of native title rights and interests in relation to the land or waters that will be affected by the act, done by:  (c) if the act is attributable to the Commonwealth—the Commonwealth; or  (d) if the act is attributable to a State or Territory—that State or Territory. Subdivision JA—Public housing etc. 24JAA  Public housing etc.  (a) it relates, to any extent, to an onshore place; and  (b) it relates to:  (i) an area over which a freehold estate exists or a lease is in force, or that is vested in any person, where the grant of the freehold estate or lease or the vesting took place under legislation that makes provision for the grant or vesting of such things only to, in or for the benefit of Aboriginal peoples or Torres Strait Islanders; or  (ii) an area that is held expressly for the benefit of, or held on trust, or reserved, expressly for the benefit of, Aboriginal peoples or Torres Strait Islanders; and  (c) it either:  (i) permits or requires the construction, operation, use, maintenance or repair by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities (the action body), of any of the things listed in subsection (3); or  (ii) consists of the construction, operation, use, maintenance or repair by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities (the action body), of any of the things listed in subsection (3); and  (d) it is done or commenced as follows:  (i) if the act is covered by subparagraph (c)(i)—it is done within the period of 20 years beginning on the day on which the Native Title Amendment Act (No. 1) 2010 commences;  (ii) if the act is covered by subparagraph (c)(ii)—it is commenced within the period of 20 years beginning on the day on which the Native Title Amendment Act (No. 1) 2010 commences; and  (e) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be:  (i) in the area in which the act is done; and Compulsory acquisitions not covered  (2) To avoid doubt, this Subdivision does not apply to a future act that is the compulsory acquisition of the whole or part of any native title rights and interests. Public housing etc.  (3) For the purposes of paragraph (1)(c), the things are as follows:  (a) public housing provided for Aboriginal people or Torres Strait Islanders living in, or in the vicinity of, the area;  (b) any of the following that benefit those people:  (i) public education facilities;  (ii) public health facilities;  (iii) police facilities;  (iv) emergency facilities;  (c) staff housing provided in connection with housing or facilities covered by paragraph (a) or (b);  (d) any of the following provided in connection with housing or facilities covered by paragraph (a), (b) or (c):  (i) things listed in subsection 24KA(2);  (ii) sewerage treatment facilities;  (iii) things prescribed by the regulations. Note: This subsection does not mean that facilities that benefit Aboriginal people or Torres Strait Islanders could not also benefit other people.  (4) If this Subdivision applies to a future act, then, subject to subsections (5) and (6), the act is valid.  (5) An act to which this Subdivision applies is invalid to the extent that it affects native title unless:  (a) if the act is covered by subparagraph (1)(c)(i)—before it is done; or  (b) if the act is covered by subparagraph (1)(c)(ii)—before it is commenced; the action body:  (c) gives notice of, and an opportunity to comment on, the act in accordance with subsections (10) to (12); and  (d) provides a report to the Commonwealth Minister in accordance with subsection (16).  (6) An act to which this Subdivision applies is invalid to the extent that it affects native title if:  (a) if the act is covered by subparagraph (1)(c)(i)—it is done before; or  (b) if the act is covered by subparagraph (1)(c)(ii)—it is commenced before; the end of the consultation period.  (7) The non‑extinguishment principle applies to the act.  (8) If any native title holders would be entitled to compensation under subsection 17(2) for the act on the assumption that it was a past act referred to in that section, the native title holders are entitled to compensation for the act in accordance with Division 5.  (9) The native title holders may recover the compensation from:  (i) if a law of the Commonwealth provides that a person other than the Crown in right of the Commonwealth is liable to pay the compensation—that person; or  (i) if a law of the State or Territory provides that a person other than the Crown in any capacity is liable to pay the compensation—that person; or Notice  (10) The action body must:  (a) notify each of the following, in the way determined, by legislative instrument, by the Commonwealth Minister, that the act is to be done:  (i) any registered native title claimant in relation to land or waters in the area;  (ii) any registered native title body corporate in relation to land or waters in the area;  (iii) any representative Aboriginal/Torres Strait Islander body in relation to land or waters in the area; and  (b) give them an opportunity to comment on the act.  (11) The notice must:  (a) specify a day as the notification day for the act; and  (b) contain statements to the effect that:  (i) comments on the act; and  (ii) requests under subsection (13) to be consulted about the act;   must be made within the period of 2 months that begins on the notification day.  (12) The notification day must be a day by which, in the action body’s opinion, it is reasonable to assume that all notices under subsection (10) in relation to the act will have been received by, or will otherwise have come to the attention of, the persons who must be notified under that subsection. Consultation  (13) Any registered native title claimant or registered native title body corporate may, in writing, request to be consulted about the doing of the act so far as it affects their registered native title rights and interests.  (14) If a request to be consulted is made within the time specified in paragraph (11)(b), the action body must consult with the claimant or body corporate about ways of minimising the act’s impact on registered native title rights and interests in relation to land or waters in the area, and, if relevant, any access to the land or waters or the way in which any thing authorised by the act might be done.  (15) In consulting with a claimant or body corporate, the action body must comply with any requirements determined, by legislative instrument, by the Commonwealth Minister. Report  (16) The action body must provide the Commonwealth Minister with a report on the things done under subsections (10) to (12) and (14) and (15) in relation to the act. The report:  (a) must be provided:  (i) in writing in accordance with any requirements determined, by legislative instrument, by the Commonwealth Minister; and  (ii) whether or not there were comments on, or requests to be consulted about, the act; and  (b) may be published by the Commonwealth Minister. Note: The Privacy Act 1988 contains provisions relevant to the use and disclosure of information. Multiple action bodies  (17) If there are 2 or more action bodies for the act, it is sufficient if only one of those bodies meets the requirements of subsections (10) to (12) and (14) to (16) in relation to the act. Multiple acts  (18) Notice of 2 or more acts to which this Subdivision applies may be given in the same notice under subsection (10).  (19) In this section: consultation period means the period that:  (a) begins on the notification day; and  (b) ends:  (i) if no claimant or body corporate requests under subsection (13) to be consulted about the act—2 months later; or  (ii) if one or more claimants or bodies corporate request to be consulted about the act—4 months later, or at such earlier time after the time specified in paragraph (i) as each claimant and body corporate that requested to be consulted has notified, in writing, that they have been consulted. registered native title rights and interests means native title rights and interests described in an entry on:  (a) the Register of Native Title Claims; or  (b) the National Native Title Register. Subdivision J—Reservations, leases etc. 24JA  Acts covered by this Subdivision Reservations etc.  (1) This Subdivision applies to a future act (the later act) if:  (a) an act (the earlier act) took place before the later act and on or before 23 December 1996; and  (b) the earlier act was valid (including because of Division 2 or 2A); and  (c) the earlier act:  (i) was done by the Crown in right of the Commonwealth, a State or Territory; or  (ii) consisted of the making, amendment or repeal of legislation by the Commonwealth, a State or Territory: and  (d) the earlier act contained, made or conferred a reservation, proclamation, dedication, condition, permission or authority (the reservation) under which the whole or part of any land or waters was to be used for a particular purpose; and  (e) the later act is done in good faith:  (i) under or in accordance with the reservation; or  (ii) in the area covered by the reservation, so long as the act’s impact on native title is no greater than the impact that any act that could have been done under or in accordance with the reservation would have had. Example 1: A future act consisting of the creation of a national park management plan might be covered by subparagraph (e)(i), if the land concerned was reserved for the establishment of the national park before 23 December 1996. Example 2: A future act consisting of the grant of a forestry licence might be covered by that subparagraph, if the grant is done under or in accordance with a dedication for forestry purposes made before 23 December 1996. Example 3: Subparagraph (e)(ii) might apply if particular land was reserved as a hospital site before 23 December 1996, and instead a school is later built on the land. Leases  (2) This Subdivision also applies to a future act (the later act) if:  (a) an act (the earlier act) took place before the later act and on or before 23 December 1996; and  (b) the earlier act was valid (including because of Division 2 or 2A); and  (c) the earlier act was done by the Crown in right of the Commonwealth, a State or a Territory; and  (d) the earlier act consisted of the grant of a lease to a statutory authority of the Commonwealth, the State or the Territory, where:  (i) under the lease, the whole or part of any land or waters covered by the lease was to be used for a particular purpose; or  (ii) there is written evidence, created at any time on or before 23 December 1996 by the Commonwealth, the State or the Territory, that the whole or part of any land or waters covered by the lease was to be used for a particular purpose; and  (e) the later act is done in good faith and consists of the use, by the statutory authority or any person, of the land or waters for the particular purpose. 24JB  Treatment of acts covered by section 24JA  (1) If this Subdivision applies to a future act, the act is valid. Extinguishment consequences—public works  (2) If the act consists of the construction or establishment of a public work:  (a) the act extinguishes any native title in relation to the land or waters on which the public work (on completion of its construction or establishment) is situated; and  (b) the extinguishment is taken to have happened when the construction or establishment of the public work began. Extinguishment consequences—not public works  (3) If the act does not consist of the construction or establishment of a public work, the non‑extinguishment principle applies to the act.  (4) The native title holders are entitled to compensation for the act in accordance with Division 5. Notification of public works  (6) If the act consists of the construction or establishment of a public work, then, before the act is done, the person proposing to do the act must:  (a) notify, in the way determined, by legislative instrument, by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters covered by the reservation or lease that the act, or acts of that class, are to be done in relation to the land or waters; and Notification of national, State and Territory park management plans  (7) If the act consists of the creation of a plan for the management of a national, State or Territory park intended to preserve the natural environment of an area, then, before the act is done, the person proposing to do the act must:  (a) notify, in the way determined, by legislative instrument, by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters covered by the plan that the act is to be done in relation to the land or waters; and  (b) give them an opportunity to comment on the act. Subdivision K—Facilities for services to the public 24KA  Facilities for services to the public  (a) it relates, to any extent, to an onshore place; and  (b) it either:  (i) permits or requires the construction, operation, use, maintenance or repair, by or on behalf of any person, of any of the things listed in subsection (2) that is to be operated, or is operated, for the general public; or  (ii) consists of the construction, operation, use, maintenance or repair, by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities, of any of the things listed in subsection (2) that is to be operated, or is operated, for the general public; and  (c) it does not prevent native title holders in relation to land or waters on which the thing is located or to be located from having reasonable access to such land or waters in the vicinity of the thing, except:  (i) while the thing is being constructed; or  (ii) for reasons of health and safety; and  (d) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be:  (i) in the area in which the act is done; and Compulsory acquisitions not covered  (1A) To avoid doubt, this Subdivision does not apply to a future act that is the compulsory acquisition of the whole or part of any native title rights and interests. Facilities etc.  (2) For the purposes of paragraph (1)(b), the things are as follows:  (a) a road, railway, bridge or other transport facility (other than an airport or port);  (b) a jetty or wharf;  (c) a navigation marker or other navigational facility;  (d) an electricity transmission or distribution facility;  (e) lighting of streets or other public places;  (f) a gas transmission or distribution facility;  (g) a well, or a bore, for obtaining water;  (h) a pipeline or other water supply or reticulation facility;  (i) a drainage facility, or a levee or other device for management of water flows;  (j) an irrigation channel or other irrigation facility;  (k) a sewerage facility, other than a treatment facility;  (l) a cable, antenna, tower or other communication facility;  (la) an automatic weather station;  (m) any other thing that is similar to any one or more of the things mentioned in the paragraphs above.  (3) If this Subdivision applies to a future act, the act is valid.  (5) If any native title holders would be entitled to compensation under subsection 17(2) for the act on the assumption that it was a past act referred to in that section, the native title holders are entitled to compensation for the act in accordance with Division 5.  (6) The native title holders may recover the compensation from:  (i) if a law of the Commonwealth provides that a person other than the Crown in right of the Commonwealth is liable to pay the compensation—that person; or  (i) if a law of the State or Territory provides that a person other than the Crown in any capacity is liable to pay the compensation—that person; or  (7) The native title holders, and any registered native title claimants in relation to land or waters in the area concerned, have the same procedural rights as they would have in relation to the act on the assumption that they instead held:  (a) to the extent (if any) that the land concerned is covered by a non‑exclusive agricultural lease (see section 247B) or a non‑exclusive pastoral lease (see section 248B)—a lease of that kind; or  (b) to the extent (if any) that paragraph (a) does not apply—ordinary title; covering any land concerned or covering the land adjoining, or surrounding, any waters concerned. Native title rights and interests to be considered  (7A) If, in the exercise of those procedural rights, the native title holders are entitled to have matters considered, those matters include their native title rights and interests.  (8) If:  (a) because of subsection (7) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to notify them of the act; and  (b) there is no registered native title body corporate, or there are no registered native title bodies corporate, in relation to the whole of the land or waters in the area concerned; then one way in which the person may give the required notification is by notifying, in the way determined, by legislative instrument, by the Commonwealth Minister for the purposes of this subsection the following that the act is to take place:  (c) any representative Aboriginal/Torres Islander bodies for that part of the area concerned for which there is no registered native title body corporate;  (d) any registered native title claimants in relation to land or waters in that part of the area concerned for which there is no registered native title body corporate.  (a) because of subsection (7) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to do any thing in relation to the native title holders; and  (b) there is no registered native title body corporate, or there are no registered native title bodies corporate, in relation to the whole of the land or waters in the area concerned;  (c) by doing the thing in relation to any registered native title claimant in relation to land or waters in that part of the area concerned for which there is no registered native title body corporate; or  (d) if there are no such registered native title claimants—by ensuring that any representative Aboriginal/Torres Strait Islander bodies for that part of the area concerned for which there is no registered native title body corporate have an opportunity to comment on the doing of the act. Subdivision L—Low impact future acts 24LA  Low impact future acts  (1) This Subdivision applies to a future act in relation to particular land or waters if:  (a) the act takes place before, and does not continue after, an approved determination of native title is made in relation to the land or waters, if the determination is that native title exists; and  (b) the act does not consist of, authorise or otherwise involve:  (i) the grant of a freehold estate in any of the land or waters; or  (ii) the grant of a lease over any of the land or waters; or  (iii) the conferral of a right of exclusive possession over any of the land or waters; or  (iv) the excavation or clearing of any of the land or waters; or  (v) mining (other than fossicking by using hand‑held implements); or  (vi) the construction or placing on the land, or in the waters, of any building, structure, or other thing (other than fencing or a gate), that is a fixture; or  (vii) the disposal or storing, on the land or in the waters, of any garbage or any poisonous, toxic or hazardous substance. Exclusion for public health or safety etc.  (2) Subparagraph (1)(b)(iv) does not apply to:  (a) excavation or clearing that is reasonably necessary for the protection of public health or public safety; or  (b) tree lopping, clearing of noxious or introduced animal or plant species, foreshore reclamation, regeneration or environmental assessment or protection activities.  (3) If this Subdivision applies to a future act, the act is valid. Non‑extinguishment Subdivision M—Acts passing the freehold test 24MA  Legislative acts   This Subdivision applies to a future act if it is the making, amendment or repeal of legislation and:  (a) the act applies in the same way to the native title holders concerned as it would if they instead held ordinary title to the land (or to the land adjoining, or surrounding, the waters) affected; or  (b) the effect of the act on the native title in relation to the land or the waters is not such as to cause the native title holders to be in a more disadvantageous position at law than they would be if they instead held ordinary title to the land (or to the land adjoining, or surrounding, the waters). Example 1: An example of a future act covered by paragraph (a) is the making of legislation that permits mining on land in respect of which there is either native title or ordinary title. Example 2: An example of a future act covered by paragraph (b) is the amendment of legislation that permits mining on land that is subject to ordinary title so that it will also permit mining, on the same terms, on land in relation to which native title exists. 24MB  Non‑legislative acts Freehold test  (a) it is an act other than the making, amendment or repeal of legislation; and  (i) the act could be done in relation to the land concerned if the native title holders concerned instead held ordinary title to it; or  (ii) the act could be done in relation to the waters concerned if the native title holders concerned held ordinary title to the land adjoining, or surrounding, the waters; and  (c) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be:  (i) in the area to which the act relates; and Example: An example of a future act covered by this subsection is the grant of a mining lease over land in relation to which there is native title when a mining lease would also be able to be granted over the land if the native title holders instead held ordinary title to it. Opal or gem mining  (2) This Subdivision also applies to a future act if:  (a) it is an act other than the making, amendment or repeal of legislation; and  (b) it is not covered by subsection (1); and  (c) it consists of the creation or variation of a right to mine for opals or gems; and  (d) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be:  (i) in the area to which the act relates; and 24MC  Only onshore places covered   However, this Subdivision only applies to a future act to the extent that it relates to an onshore place. A reference to an act to which this Subdivision applies is to be read as referring to the act to that extent only. 24MD  Treatment of acts that pass the freehold test  (1) If this Subdivision applies to a future act, then, subject to Subdivision P (which deals with the right to negotiate), the act is valid. Extinguishment of native title by compulsory acquisition  (a) the act is the compulsory acquisition of the whole or part of any native title rights and interests under a law of the Commonwealth, a State or a Territory that permits both:  (i) the compulsory acquisition by the Commonwealth, the State or the Territory of native title rights and interests; and  (ii) the compulsory acquisition by the Commonwealth, the State or the Territory of non‑native title rights and interests in relation to land or waters; and  (b) the whole, or the equivalent part, of all non‑native title rights and interests, in relation to the land or waters to which the native title rights and interests that are compulsorily acquired relate, is also acquired (whether compulsorily or by surrender, cancellation or resumption or otherwise) in connection with the compulsory acquisition of the native title rights and interests; and  (ba) the practices and procedures adopted in acquiring the native title rights and interests are not such as to cause the native title holders any greater disadvantage than is caused to the holders of non‑native title rights and interests when their rights and interests are acquired;  (c) the compulsory acquisition extinguishes the whole or the part of the native title rights and interests; and  (d) if compensation on just terms is provided under a law of the Commonwealth, a State or a Territory to the native title holders for the compulsory acquisition, and they request that the whole or part of any such compensation should be in a form other than money, the person providing the compensation must:  (i) consider the request; and  (ii) negotiate in good faith in relation to the request; and  (e) if compensation on just terms is not provided under a law of the Commonwealth, a State or Territory to the native title holders for the compulsory acquisition, they are entitled to compensation for the acquisition in accordance with Division 5. Note 1: Subdivision P (which deals with the right to negotiate) applies to some acquisitions. Note 2: This subsection only deals with the case where native title rights and interests are compulsorily acquired. It is also possible for native title rights and interests to be acquired voluntarily by means of an indigenous land use agreement or an agreement covered by subsection (2A). In such cases, non‑native title rights and interests could be acquired either compulsorily or by some other means (e.g. voluntarily). Extinguishment of native title by surrender in course of right to negotiate process  (2A) If:  (a) notice of a proposed compulsory acquisition of native title rights and interests is given in accordance with section 29 or with an equivalent alternative provision applicable under section 43 or 43A; and  (b) an agreement arose out of negotiations in relation to the proposed compulsory acquisition of the native title rights and interests; and  (c) the agreement includes a statement to the effect that an act consisting of the surrender of the whole or part of the native title rights and interests is intended to extinguish the whole or the part of the native title rights and interests;  (d) the surrender extinguishes the whole or the part of the native title rights and interests; and  (e) no native title holder who is entitled to any benefit provided under the agreement is entitled to any compensation for the act under this Act, other than compensation provided for in the agreement; and  (f) any other native title holder is entitled to compensation for the act in accordance with Division 5. Non‑extinguishment and compensation  (3) In the case of any future act to which this Subdivision applies that is not covered by subsection (2) or (2A):  (a) the non‑extinguishment principle applies to the act; and  (b) if the following conditions are satisfied:  (i) the similar compensable interest test is satisfied in relation to the act; and  (ii) the law mentioned in section 240 (which defines similar compensable interest test) does not provide for compensation to the native title holders for the act;   the native title holders are entitled to compensation for the act in accordance with Division 5.  (4) The native title holders may recover the compensation from:  (i) if a law of the Commonwealth provides that a person other than the Crown in right of the Commonwealth is liable to pay the compensation—that person; or  (i) if a law of the State or Territory provides that a person other than the Crown in any capacity is liable to pay the compensation—that person; or Exception for certain lessees  (a) the act is the compulsory acquisition of the whole or part of any native title rights and interests; and  (b) the land or waters concerned are to any extent the subject of a non‑exclusive agricultural lease or a non‑exclusive pastoral lease; then, despite subsection (4):  (c) the native title holders are not entitled to recover the compensation from the lessee; and  (d) if the act is attributable to the Commonwealth—the native title holders may recover the compensation from the Crown in right of the Commonwealth; and  (e) if the act is attributable to a State or Territory—the native title holders may recover the compensation from the Crown in right of the State or Territory. Consequences of certain acts  (6) In the case of any future act to which this Subdivision applies, other than:  (a) an act to which Subdivision P (which deals with the right to negotiate) applies; or  (b) an act determined under section 26A to be an approved exploration etc. act; or  (c) an act determined under section 26B to be an approved gold or tin mining act; or  (d) an act covered by section 26C (which deals with opal or gem mining); the consequences in subsections (6A) and (6B) apply.  (6A) The native title holders, and any registered native title claimants in relation to the land or waters concerned, have the same procedural rights as they would have in relation to the act on the assumption that they instead held ordinary title to any land concerned and to the land adjoining, or surrounding, any waters concerned. Other consequences  (6B) If the act is:  (a) the compulsory acquisition of native title rights and interests for the purpose of conferring rights or interests in relation to the land or waters concerned on persons other than the Commonwealth, the State or the Territory to which the act is attributable; or  (b) the creation or variation of a right to mine for the sole purpose of the construction of an infrastructure facility (see section 253) associated with mining; the following consequences also apply:  (c) the Commonwealth, the State or the Territory to which the act is attributable must notify each of the following:  (i) any registered native title claimant (a claimant) in relation to the land or waters; and  (ii) any registered native title body corporate (a body corporate), in relation to the land or waters; and  (iii) any representative Aboriginal/Torres Strait Islander body in relation to the land or waters; and  (iv) the Registrar;   that the act is to be done; and  (d) any claimant or body corporate may object, within 2 months after the notification, to the doing of the act so far as it affects their registered native title rights and interests; and  (i) in a paragraph (a) case—the Commonwealth, the State or the Territory; or  (ii) in a paragraph (b) case—the person who requested or applied for the doing of the act;   must consult any claimants, and bodies corporate, who object, about ways of minimising the act’s impact on registered native title rights and interests in relation to the land or waters, and, if relevant, any access to the land or waters or the way in which any thing authorised by the act might be done; and  (f) if:  (i) a claimant or body corporate objects, as mentioned in paragraph (d), to the doing of the act; and  (ii) 8 months after the notification mentioned in paragraph (c), the objection has not been withdrawn;   the Commonwealth, the State or the Territory must ensure that the objection is heard by an independent person or body; and  (g) if the independent person or body hearing any objection as mentioned in paragraph (f) makes a determination upholding the objection, or that contains conditions about the doing of the act that relate to registered native title rights and interests, the determination must be complied with unless:  (i) the Minister of the Commonwealth, the State or the Territory responsible for indigenous affairs is consulted; and  (ii) the consultation is taken into account; and  (iii) it is in the interests of the Commonwealth, the State or the Territory not to comply with the determination. Meaning of determination  (6C) In paragraph (6B)(g): determination includes recommendation. in the interests of the Commonwealth, the State or the Territory includes:  (a) for the social or economic benefit of the Commonwealth, the State or the Territory (including of Aboriginal peoples and Torres Strait Islanders); and  (b) in the interests of the relevant region or locality in the Commonwealth, the State or the Territory.  (a) because of subsection (6A) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to notify them of the act; and  (b) there is no registered native title body corporate, or there are no registered native title bodies corporate, in relation to the whole of the land or waters in the area concerned; then one way in which the person may give the required notification is by notifying, in the way determined, by legislative instrument, by the Commonwealth Minister for the purposes of this subsection, the following that the act is to take place:  (c) any representative Aboriginal/Torres Strait Islander bodies for that part of the area concerned for which there is no registered native title body corporate;  (d) any registered native title claimants in relation to land or waters in that part of the area concerned for which there is no registered native title body corporate.  (8) If:  (a) because of subsection (6A) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to do any thing in relation to the native title holders; and  (b) there is no registered native title body corporate, or there are no registered native title bodies corporate, in relation to the whole of the land or waters in the area concerned;  (c) by doing the thing in relation to any registered native title claimant in relation to land or waters in that part of the area concerned for which there is no registered native title body corporate; or  (d) if there are no such registered native title claimants—by ensuring that any representative Aboriginal/Torres Strait Islander bodies for that part of the area concerned for which there is no registered native title body corporate have an opportunity to comment on the doing of the act. Subdivision N—Acts affecting offshore places 24NA  Acts affecting offshore places  (1) This Subdivision applies to a future act to the extent that it relates to an offshore place. A reference to a future act to which this Subdivision applies is to be read as referring to the act to that extent only.  (2) If this Subdivision applies to a future act, the act is valid. Extinguishment of native title by compulsory acquisition  (a) the act is the compulsory acquisition of the whole or part of any native title rights and interests under a law of the Commonwealth, a State or a Territory that permits both:  (i) the compulsory acquisition by the Commonwealth, the State or the Territory of native title rights and interests; and  (ii) the compulsory acquisition by the Commonwealth, the State or the Territory of non‑native title rights and interests in relation to land or waters; and  (b) the whole, or the equivalent part, of all non‑native title rights and interests, in relation to the land or waters to which the native title rights and interests that are compulsorily acquired relate, is also acquired (whether compulsorily or by surrender, cancellation or resumption or otherwise) in connection with the compulsory acquisition of the native title rights and interests; and  (c) the practices and procedures adopted in acquiring the native title rights and interests are not such as to cause the native title holders any greater disadvantage than is caused to the holders of non‑native title rights and interests when their rights and interests are acquired; then the compulsory acquisition extinguishes the whole or the part of the native title rights and interests.  (4) In the case of any other future act to which this Subdivision applies, the non‑extinguishment principle applies to the act. Compensation where compulsory acquisition  (5) If this Subdivision applies to a future act consisting of the compulsory acquisition of the whole or part of any native title rights and interests:  (a) if compensation on just terms is provided under a law of the Commonwealth, a State or a Territory to the native title holders for the acquisition, and they request that the whole or part of any such compensation should be in a form other than money, the person providing the compensation must:  (i) consider the request; and  (ii) negotiate in good faith in relation to the request; and  (b) if compensation on just terms is not provided under a law of the Commonwealth, a State or Territory to the native title holders for the acquisition, they are entitled to compensation for the acquisition in accordance with Division 5. Compensation for other acts  (6) In the case of any other future act to which this Subdivision applies, the native title holders are entitled to compensation for the act in accordance with Division 5.  (7) The native title holders may recover the compensation from:  (i) if a law of the Commonwealth provides that a person other than the Crown in right of the Commonwealth is liable to pay the compensation—that person; or  (i) if a law of the State or Territory provides that a person other than the Crown in any capacity is liable to pay the compensation—that person; or  (8) In the case of any future act to which this Subdivision applies, the native title holders, and any registered native title claimants in relation to land or waters in the area concerned, have the same procedural rights as they would have in relation to the act on the assumption that they instead held any corresponding rights and interests in relation to the offshore place that are not native title rights and interests.  (a) because of subsection (8) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to notify them of the act; and  (b) there is no registered native title body corporate, or there are no registered native title bodies corporate, in relation to the whole of the land or waters in the area concerned; then one way in which the person may give the required notification is by notifying, in the way determined, by legislative instrument, by the Commonwealth Minister for the purposes of this subsection, the following that the act is to take place:  (c) any representative Aboriginal/Torres Strait Islander bodies for that part of the area concerned for which there is no registered native title body corporate;  (d) any registered native title claimants in relation to land or waters in that part of the area concerned for which there is no registered native title body corporate.  (10) If:  (a) because of subsection (8) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to do any thing in relation to the native title holders; and  (b) there is no registered native title body corporate, or there are no registered native title bodies corporate, in relation to the whole of the land or waters in the area concerned;  (c) by doing the thing in relation to any registered native title claimant in relation to land or waters in that part of the area concerned for which there is no registered native title body corporate; or  (d) if there are no such registered native title claimants—by ensuring that any representative Aboriginal/Torres Strait Islander bodies for that part of the area concerned for which there is no registered native title body corporate have an opportunity to comment on the doing of the act. Subdivision O—Future acts invalid unless otherwise provided 24OA  Future acts invalid unless otherwise provided   Unless a provision of this Act provides otherwise, a future act is invalid to the extent that it affects native title. Subdivision P—Right to negotiate