20Confirmation of extinguishment of native title by previous exclusive possession acts of the State

#### 20 Confirmation of extinguishment of native title by previous exclusive possession acts of the State 20 Confirmation of extinguishment of native title by previous exclusive possession acts of the State (NTA, secs 23E and 23C) > > (1) Acts other than public works If an act is a previous exclusive possession act under section 23B (2) (including because of section 23B (3)) of the Commonwealth Native Title Act and is attributable to the State— > > > > > (a) the act extinguishes any native title in relation to the land or waters covered by the freehold estate, Scheduled interest or lease concerned, and > > > > > (b) the extinguishment is taken to have happened when the act was done. > > > (2) Public works If an act is a previous exclusive possession act under section 23B (7) (which deals with public works) of the Commonwealth Native Title Act and is attributable to the State— > > > > > (a) the act extinguishes native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated, and > > > > > (b) the extinguishment is taken to have happened when the construction or establishment of the public work began. > > > (3) Other extinguishment provisions do not apply If this section applies to the act, Divisions 2 and 2A of Part 2 do not apply to the act. > > **ss 20–22:** Rep 1998 No 88, Sch 1 \[19\]. Ins 1998 No 88, Sch 1 \[20\].