47CNational parks etc. covered by native title applications

47C  National parks etc. covered by native title applications

 (a) a claimant application or a revised native title determination application is made in relation to an area that is, or is part of, a park area (see subsection (3)); and

 (b) the operation of this section in relation to an area (the agreement area) that is in an onshore place, and comprises the whole or a part of the park area, has been agreed to in writing by:

 (i) any registered native title body corporate concerned or the applicant for any native title claim group concerned; and

 (ii) whichever of the Commonwealth, the State or the Territory by or under whose law the park area was set aside, or the interest over the park area was granted or vested, as mentioned in subsection (3); and

 (c) the agreement area is:

 (i) Crown land; or

 (ii) covered by a freehold estate held by the Crown, or a statutory authority of the Crown, in any of its capacities; and

 (d) none of sections 47, 47A and 47B applies in relation to the agreement area.

 (2) For the purposes of paragraph (1)(c), it is immaterial whether the land is:

 (a) subject to a lease or licence; or

 (b) covered by a dedication, reservation, proclamation, condition or declaration made or conferred by the Commonwealth, a State or a Territory; or

 (c) covered by legislation of the Commonwealth, a State or a Territory under which the whole or a part of the land is to be used for a public purpose or public purposes; or

 (d) held on trust for the benefit of another person; or

 (e) subject to native title.

Meaning of park area

 (3) A park area means an area (such as a national, State or Territory park):

 (a) that is set aside; or

 (b) over which an interest is granted or vested;

by or under a law of the Commonwealth, a State or a Territory for the purpose of, or purposes that include, preserving the natural environment of the area, whether that setting aside, granting or vesting resulted from a dedication, reservation, proclamation, condition, declaration, vesting in trustees or otherwise.

Public works

 (4) An agreement referred to in paragraph (1)(b) may include a statement by the Commonwealth, or the State or Territory concerned, that it agrees that the extinguishing effect of any of its relevant public works (see subsection (11)) in the agreement area is to be disregarded.

 (5) If the agreement area contains one or more relevant public works, the application mentioned in paragraph (1)(a) may also be the subject of an agreement in writing between: