CTHIn ForceAct
Native Title Act 1993
9Land Acts etc.
Start here
Get a plain-English read of 9
Turn the raw legal text into a practical explanation grounded in Native Title Act 1993.
9 Land Acts etc.
(1) A lease under section XXI, XXIII or XLVII of the Land Act 1862.
(2) A lease under section L of the Land Act 1862 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection 3, 5, 8 or 9 of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.
(3) A lease under section 13 or 38 of the Amending Land Act 1865.
(4) A lease under section 37 of the Amending Land Act 1865 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection 3, 5, 8 or 9 of section L of the Land Act 1862 or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.
(5) A lease under section 20, 31, 33 or 46 of the Land Act 1869.
(6) A lease under section 45 of the Land Act 1869 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (III), (V), (VIII) or (IX) of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.
(7) A lease under section 18, 44, 92 or 94 of the Land Act 1884.
(8) A lease under the Land Act 1884 in accordance with the conditions contained in a non‑residence licence under section 49 of that Act.
(9) A lease under section 91 of the Land Act 1884 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8) or (9) of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.
(10) A lease of an agricultural allotment, or an agricultural lease, under the Land Act 1884, the Land Act 1890, the Land Act 1898, the Land Act 1900, the Land Act 1900 (No. 2), the Land Act 1901, the Land Act 1911, the Land Act 1915, the Land Act 1928, the Land Act 1941 or the Land Act 1958.
(11) A lease of drained and reclaimed swamp land under section 85 of the Land Act 1884, section 85 of the Land Act 1890, section 131 of the Land Act 1901, section 110 of the Land Act 1915, section 110 of the Land Act 1928 or section 110 of the Land Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for agricultural or residential purposes.
(12) A lease under section 18 or 100 of the Land Act 1890.
(13) A lease under section 97 of the Land Act 1890 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8) or (9) of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.
(14) A lease under the Land Act 1890 in accordance with the conditions contained in a non‑residence licence under section 49 of that Act or section 51 of the Land Act 1898.
(15) A lease of a village community allotment under the Settlement on Lands Act 1893 or the Land Act 1901.
(16) A lease of a township allotment under the Settlement on Lands Act 1893 or the Land Act 1901.
(17) A lease of a homestead section under the Settlement on Lands Act 1893 or the Land Act 1901.
(18) A lease under section 2 of the Land Act 1896.
(19) A perpetual lease under the Land Act 1898, the Land Act 1900, the Land Act 1900 (No. 2), the Land Act 1901, the Land Act 1904, the Land Act 1911, the Land Act 1915, the Land Act 1928, the Land Act 1941, the Land Settlement Act 1953, the Land Settlement Act 1958 or the Land Act 1958, other than a perpetual lease under Division 3 of Part II of the Land Act 1958.
(20) A conditional purchase lease under the Land Act 1898, the Land Act 1900, the Land Act 1900 (No. 2), the Land Act 1901, the Murray Settlements Act 1907, the Land Act 1911, the Land Act 1915, the Land Act 1928, the Land Act 1933, the Land Act 1941 or the Land Act 1958.
(21) A lease of a grazing allotment under section 61 of the Land Act 1898 or section 56 of the Land Act 1901.
(22) A lease under section 19 of the Land Act 1900.
(23) A lease under section 18, 143, 144, 309, 311, 402 or 411 of the Land Act 1901.
(24) A lease under the Land Act 1901 in accordance with the conditions contained in a non‑residence licence under section 50 of that Act.
(25) A lease under section 142 of the Land Act 1901 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8) or (9) of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.
(26) A residential lease of a selection purchase allotment, non‑residential lease of a selection purchase allotment, or selection purchase lease, under the Land Act 1901, the Land Act 1911, the Land Act 1915, the Land Act 1915 (No. 2), the Land Act 1928, the Land Act 1941 or the Land Act 1958.
(27) A lease under section 28 of the Land Act 1904.
(28) A lease under section 73 of the Land Act 1911.
(29) A lease under section 125 of the Land Act 1915 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8) or (9) of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.
(30) A lease under section 127 or 128 of the Land Act 1915.
(31) A lease under section 4 of the Land Act 1915 (No. 2).
(32) A lease under subsection 126(2) or section 127, 128 or 356 of the Land Act 1928.
(33) A lease under section 125 or 352 of the Land Act 1928 or subsection 7(2) or section 14 of the Land Act 1941 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph 125(1)(c), (e), (h) or (i) of the Land Act 1928, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.
(34) A right to occupy a residence area under the Land (Residence Areas) Act 1935 or the Land Act 1958.
(35) A lease under section 14 of the Land Act 1941 to or by the holder of a lease under subsection 126(2) or section 127, 128 or 356 of the Land Act 1928.
(36) A development lease under the Land (Development Leases) Act 1951 or the Land Act 1958.
(37) An improvement purchase lease under the Land (Improvement Purchase Lease) Act 1956 or the Land Act 1958.
(38) A cultivation lease under section 133B of the Land Act 1958.
(39) A lease under section 134 of the Land Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph (1)(c), (e), (h) or (i) of that section or for any of the following:
| Aboriginal health services centre; accommodation and facilities for tourists; ambulance station; amusement park; bathing house; bowling club; bowling club and car park; bowls; bridge; car parking; caravan park; caravan park and camping ground; chair lift; church; clubhouse; clubroom; communications tower; Country Women’s Association centre; craft centre; creative arts communication centre; depositing materials; depot; equestrian events; factory; ferry; ferry terminal; film and performing arts centre; fire station; fish freezing works; fish processing and freezing; fish processing works; football club; gas regulating and metering station; Girl Guides hall; gliding club; gliding field; golf; golf club; golf club house; golf course; golf driving range; grain testing facility; Guide hall; gun club; hall; harness racing club; health and fitness club and restaurant; holiday accommodation and agricultural farming; industrial purposes; industrial storage; jetty pens; lawn tennis club; line depot; manufacture of industrial accessories; manufacture of salt; manufacturing and storage; marina; marine education centre; marine operations terminal; marine workshop and sales; maritime industry warehouse; mobile telecommunications tower; motor car club; motor cycle club; museum and interpretive centre; office accommodation; office; pistol club; pistol range; processing and storage of petrol; processing, freezing and retailing fish; production of salt; punt house; purification plant; quay; radio relay station; radio repeater station; radio station; radio telephone and repeaters; radio transmission tower; radio transmitting station; relay station; retail shopping centre; rifle range; Returned Services League club; salt extraction; sawmill; school; Scout hall; sea pilot’s station and amenities; shooting range; site for a line depot; stadium; storage of materials; telecommunications tower; television transmitting station; tennis court; tennis courts and clubroom; toll house; transmission tower; vehicular ferry terminal; warehouse; waste transfer station; water industry training centre and accommodation; yacht club; yacht clubhouse and yard. |
(40) A lease under subsection 135(2) or section 136, 137, 151E, 222A, 222B of the Land Act 1958.
(41) A lease under Subdivision 1 of Division 9 of Part I of the Land Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for industrial purposes or for the generation of electricity for supply or sale.
(42) An industrial lease, industrial purchase lease, or industrial development lease, under the Land Act 1958.