This Act retroactively validates many past and some intermediate-period State acts that might otherwise be invalid due to native title, treating them as always valid. That validation can extinguish, suspend or leave native title intact depending on the act, while confirming State ownership and regulatory rights over resources and public access. Compensation for extinguishment or validation effects is payable by the State under the Commonwealth native title framework.
It affects native title holders (loss or compensation), the State (legal certainty and payment liability), and third parties (stabilised tenure); it also preserves certain reservations benefiting Aboriginal and Torres Strait Islander peoples and relies heavily on Commonwealth native title rules.
The Native Title (Queensland) Act 1993 is a complementary State measure enacted to align Queensland statute with the Native Title Act 1993 (Cth) (NTA). Its core function, stated in s.3(2), is twofold: first, to validate past acts and intermediate period acts attributable to the State that would otherwise be invalid because of native title (ss.8 and 8A); and second, to ensure Queensland law meets the standards set by the NTA for future dealings that affect native title.
Part 2 is the engine room. Division 2 (ss.10–13) sets out the effects of validation on native title. Category A past acts that are not public works extinguish native title completely (s.10(2)). Category A past acts that are public works extinguish native title over the land or waters on which the work is situated, with the extinguishment deemed to occur on 1 January 1994 if construction finished after that date (s.11). Category B past acts extinguish native title only to the extent of any inconsistency (s.12(2)). Category C and D past acts attract the non-extinguishment principle in NTA s.238 (s.13(2)), meaning native title is suppressed but not destroyed and may revive.
Division 2A (ss.13AA–13AD), inserted in 1998, applies the same graduated extinguishment logic to intermediate period acts. Category A intermediate period acts dealing with freehold, certain leases or public works extinguish native title outright (ss.13AA(2), 13AB(2)). Category B acts extinguish to the extent of inconsistency (s.13AC(2)). Category C and D acts again attract the non-extinguishment principle, with an additional notification obligation for mining rights under NTA s.22H (s.13AD(2)).
Division 2B (s.13A) contains an important qualifier: extinguishment under the Part does not, by itself, authorise the ejection of Aboriginal persons exercising access over land covered by a validated pastoral lease. Divisions 3 and 4 preserve beneficial reservations or conditions for Aboriginal or Torres Strait Islander peoples (ss.14, 14A) and provide that compensation is payable by the State for validated acts (s.15).
Current sections
Direct links to the current provisions in Native Title (Queensland) Act 1993.
308
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Native Title (Queensland) Act 1993 .
sec.2
Commencement
sec.2 Commencement
This Act (including subsections (3) and (4) of this section) commences on a day to be fixed by proclamation.
Section 15C (1) of the Acts Interpretation Act 1954 does not apply to subsections (3) and (4) of this section.
The following sections are taken to have commenced immediately after the commencement of section 1.03 of the Aboriginal Land Act 1991 —
section 157 (Amended Act)
section 158 (Amendment of s.1.03 (Definitions))
section 159 (Insertion of new s.1.04A (Meaning of native title interests ))
section 160 (Amendment of s.2.13 (Lands that are available Crown land—general))
section 161 (Amendment of s.3.06 (Existing interests))
section 162 (Amendment of s.5.08 (Existing interests)).
The following sections are taken to have commenced immediately after the commencement of section 1.04 of the Torres Strait Islander Land Act 1991 —
section 165 (Amended Act)
section 166 (Amendment of s.1.04 (Definitions))
section 167 (Insertion of new s.1.05A (Meaning of native title interests ))
section 168 (Amendment of s.2.10 (Lands that are available Crown land—general))
section 169 (Amendment of s.3.06 (Existing interests))
section 170 (Amendment of s.5.08 (Existing interests)).
(sec.2-ssec.1) This Act (including subsections (3) and (4) of this section) commences on a day to be fixed by proclamation.
(sec.2-ssec.2) Section 15C (1) of the Acts Interpretation Act 1954 does not apply to subsections (3) and (4) of this section.
(sec.2-ssec.3) The following sections are taken to have commenced immediately after the commencement of section 1.03 of the Aboriginal Land Act 1991 — section 157 (Amended Act) section 158 (Amendment of s.1.03 (Definitions)) section 159 (Insertion of new s.1.04A (Meaning of native title interests )) section 160 (Amendment of s.2.13 (Lands that are available Crown land—general)) section 161 (Amendment of s.3.06 (Existing interests)) section 162 (Amendment of s.5.08 (Existing interests)).
(sec.2-ssec.4) The following sections are taken to have commenced immediately after the commencement of section 1.04 of the Torres Strait Islander Land Act 1991 — section 165 (Amended Act) section 166 (Amendment of s.1.04 (Definitions)) section 167 (Insertion of new s.1.05A (Meaning of native title interests )) section 168 (Amendment of s.2.10 (Lands that are available Crown land—general)) section 169 (Amendment of s.3.06 (Existing interests)) section 170 (Amendment of s.5.08 (Existing interests)).
• section 157 (Amended Act)
• section 158 (Amendment of s.1.03 (Definitions))
• section 159 (Insertion of new s.1.04A (Meaning of native title interests ))
• section 160 (Amendment of s.2.13 (Lands that are available Crown land—general))
• section 161 (Amendment of s.3.06 (Existing interests))
• section 162 (Amendment of s.5.08 (Existing interests)).
• section 165 (Amended Act)
• section 166 (Amendment of s.1.04 (Definitions))
• section 167 (Insertion of new s.1.05A (Meaning of native title interests ))
• section 168 (Amendment of s.2.10 (Lands that are available Crown land—general))
• section 169 (Amendment of s.3.06 (Existing interests))
• section 170 (Amendment of s.5.08 (Existing interests)).
sec.3
Objects of Act
sec.3 Objects of Act
The main objects of the Commonwealth Native Title Act are—
to provide for the recognition and protection of native title; and
to establish ways in which future dealings affecting native title may proceed and to set standards for the dealings; and
to establish a mechanism for determining claims to native title; and
to provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title.
The main objects of this Act are—
in accordance with the Commonwealth Native Title Act , to validate past acts, and intermediate period acts, invalidated because of the existence of native title and to confirm certain rights; and
to ensure that Queensland law is consistent with standards set by the Commonwealth Native Title Act for future dealings affecting native title.
s 3 amd 1998 No. 30 s 4 ; 1998 No. 38 s 14
(sec.3-ssec.1) The main objects of the Commonwealth Native Title Act are— to provide for the recognition and protection of native title; and to establish ways in which future dealings affecting native title may proceed and to set standards for the dealings; and to establish a mechanism for determining claims to native title; and to provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title.
(sec.3-ssec.2) The main objects of this Act are— in accordance with the Commonwealth Native Title Act , to validate past acts, and intermediate period acts, invalidated because of the existence of native title and to confirm certain rights; and to ensure that Queensland law is consistent with standards set by the Commonwealth Native Title Act for future dealings affecting native title.
(a) to provide for the recognition and protection of native title; and
(b) to establish ways in which future dealings affecting native title may proceed and to set standards for the dealings; and
(c) to establish a mechanism for determining claims to native title; and
(d) to provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title.
(a) in accordance with the Commonwealth Native Title Act , to validate past acts, and intermediate period acts, invalidated because of the existence of native title and to confirm certain rights; and
(b) to ensure that Queensland law is consistent with standards set by the Commonwealth Native Title Act for future dealings affecting native title.
sec.4
Definitions
sec.4 Definitions
In this Act—
accepted application ...
s 4 def accepted application om 1998 No. 30 s 5
accepted application notice ...
s 4 def accepted application notice sub 1995 No. 30 s 2 sch
om 1998 No. 30 s 5
alternative provisions ...
s 4 def alternative provisions om 1994 No. 61 s 2 sch 2
claimant application ...
s 4 def claimant application om 1998 No. 30 s 5
Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth) .
s 4 def Commonwealth Native Title Act sub 1998 No. 30 s 5
compensation application ...
s 4 def compensation application sub 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 5
Land Tribunal ...
s 4 def Land Tribunal om 1998 No. 30 s 5
lawyer ...
s 4 def lawyer om 1998 No. 30 s 5
mediation conference ...
s 4 def mediation conference om 1998 No. 30 s 5
member ...
s 4 def member om 1998 No. 30 s 5
National Registrar ...
s 4 def National Registrar om 1998 No. 30 s 5
native title determination application ...
s 4 def native title determination application om 1998 No. 30 s 5
Native Title Register ...
s 4 def Native Title Register om 1998 No. 30 s 5
non-claimant application ...
s 4 def non-claimant application om 1998 No. 30 s 5
NTA , in a section heading, means the Commonwealth Native Title Act .
s 4 def NTA sub 1998 No. 30 s 5
potentially affected person ...
s 4 def potentially affected person om 1998 No. 30 s 5
President ...
s 4 def President om 1998 No. 30 s 5
presidential member ...
s 4 def presidential member om 1998 No. 30 s 5
registered native title body corporate ...
s 4 def registered native title body corporate ins 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 5
registered native title claimant ...
s 4 def registered native title claimant ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 5
registered native title holder ...
s 4 def registered native title holder om 1994 No. 61 s 2 sch 1
Registrar ...
s 4 def Registrar om 1998 No. 30 s 5
revised native title determination application ...
s 4 def revised native title determination application amd 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 5
right to negotiate application ...
s 4 def right to negotiate application om 1998 No. 30 s 5
special issue ...
s 4 def special issue om 1998 No. 30 s 5
State Compulsory Acquisition Act ...
s 4 def State Compulsory Acquisition Act om 1998 No. 30 s 5
State Mining Act ...
s 4 def State Mining Act om 1998 No. 30 s 5
State mining Act means any of the following Acts—
Mineral Resources Act 1989
Petroleum Act 1923
Petroleum and Gas (Production and Safety) Act 2004
an Act prescribed by regulation.
s 4 def State mining Act ins 1998 No. 30 s 5
amd 2004 No. 25 s 1031
Tribunal ...
s 4 def Tribunal om 1998 No. 30 s 5
tribunal ...
s 4 def tribunal ins 1999 No. 7 s 87 sch 3
om 2007 No. 39 s 41 sch
unopposed application ...
s 4 def unopposed application om 1998 No. 30 s 5
Wardens Court ...
s 4 def Wardens Court sub 1998 No. 30 s 5
om 1999 No. 7 s 87 sch 3
s 4 sub 1998 No. 30 s 5
• Mineral Resources Act 1989
• Petroleum Act 1923
• Petroleum and Gas (Production and Safety) Act 2004
• an Act prescribed by regulation.
sec.5
Words and expressions used in Commonwealth Native Title Act
sec.5 Words and expressions used in Commonwealth Native Title Act
Words and expressions used in the Commonwealth Native Title Act and this Act have the same meanings in this Act as they have in the Commonwealth Native Title Act .
Section 222 of the Commonwealth Native Title Act sets out a list of definitions used in that Act.
Subsection (1) applies except so far as the context or subject matter otherwise indicates or requires.
However, subsection (1) does not apply to a word or expression defined in section 4 (Definitions).
(sec.5-ssec.1) Words and expressions used in the Commonwealth Native Title Act and this Act have the same meanings in this Act as they have in the Commonwealth Native Title Act . Section 222 of the Commonwealth Native Title Act sets out a list of definitions used in that Act.
(sec.5-ssec.2) Subsection (1) applies except so far as the context or subject matter otherwise indicates or requires.
(sec.5-ssec.3) However, subsection (1) does not apply to a word or expression defined in section 4 (Definitions).
sec.6
Act binds all persons
sec.6 Act binds all persons
This Act binds all persons, including the State.
pt.2
Validation and its effects
Validation and its effects
pt.2-div.1
General
General
sec.7
Object of part
sec.7 Object of part
The object of this part is to—
validate, under section 19 of the Commonwealth Native Title Act , past acts attributable to the State; and
An act is defined in the Commonwealth Native Title Act , section 226 .
A past act is defined in the Commonwealth Native Title Act , section 228 .
An act attributable to the State is defined in the Commonwealth Native Title Act , section 239 .
validate, under section 22F of the Commonwealth Native Title Act , intermediate period acts attributable to the State; and
For what is an intermediate period act , see the Commonwealth Native Title Act , section 232A . There are 4 categories of intermediate period acts, called category A, B, C and D intermediate period acts. They are defined in sections 232B to 232E and deal with a number of things, including leasehold and freehold interests in land, other interests in land and waters, and public works.
provide for the effects of the validation.
The object of this part is also to validate, under section 24EBA (3) of the Commonwealth Native Title Act , certain future acts.
s 7 amd 1994 No. 61 s 2 sch 1 ; 1998 No. 30 s 6 ; 1999 No. 35 s 49
(sec.7-ssec.1) The object of this part is to— validate, under section 19 of the Commonwealth Native Title Act , past acts attributable to the State; and An act is defined in the Commonwealth Native Title Act , section 226 . A past act is defined in the Commonwealth Native Title Act , section 228 . An act attributable to the State is defined in the Commonwealth Native Title Act , section 239 . validate, under section 22F of the Commonwealth Native Title Act , intermediate period acts attributable to the State; and For what is an intermediate period act , see the Commonwealth Native Title Act , section 232A . There are 4 categories of intermediate period acts, called category A, B, C and D intermediate period acts. They are defined in sections 232B to 232E and deal with a number of things, including leasehold and freehold interests in land, other interests in land and waters, and public works. provide for the effects of the validation.
(sec.7-ssec.2) The object of this part is also to validate, under section 24EBA (3) of the Commonwealth Native Title Act , certain future acts.
(a) validate, under section 19 of the Commonwealth Native Title Act , past acts attributable to the State; and Editor’s note— An act is defined in the Commonwealth Native Title Act , section 226 . A past act is defined in the Commonwealth Native Title Act , section 228 . An act attributable to the State is defined in the Commonwealth Native Title Act , section 239 .
(b) validate, under section 22F of the Commonwealth Native Title Act , intermediate period acts attributable to the State; and Editor’s note— For what is an intermediate period act , see the Commonwealth Native Title Act , section 232A . There are 4 categories of intermediate period acts, called category A, B, C and D intermediate period acts. They are defined in sections 232B to 232E and deal with a number of things, including leasehold and freehold interests in land, other interests in land and waters, and public works.
(c) provide for the effects of the validation.
sec.8
Validation of past acts attributable to State
sec.8 Validation of past acts attributable to State
Every past act attributable to the State is valid, and is taken always to have been valid.
sec.8A
Validation of intermediate period acts attributable to State
sec.8A Validation of intermediate period acts attributable to State
Every intermediate period act attributable to the State is valid, and is taken always to have been valid.
s 8A ins 1998 No. 30 s 7
sec.9
Application of remaining provisions of part
sec.9 Application of remaining provisions of part
The remaining provisions of this part, other than division 4 , apply—
to a past act attributable to the State that is validated by section 8 ; and
to an intermediate period act attributable to the State that is validated by section 8A .
s 9 amd 1998 No. 30 s 8 ; 1999 No. 35 s 50
(a) to a past act attributable to the State that is validated by section 8 ; and
(b) to an intermediate period act attributable to the State that is validated by section 8A .
pt.2-div.2
Effect of validation of past acts on native title
Effect of validation of past acts on native title
sec.10
Category A past acts that are not public works
sec.10 Category A past acts that are not public works
This section applies if the past act is a category A past act, but is not a category A past act to which section 229 (4) (which deals with public works) of the Commonwealth Native Title Act applies.
Category A past act is defined in the Commonwealth Native Title Act , section 229 . This category covers freehold grants, some leasehold grants (commercial, agricultural, pastoral and residential leases) and public works. Lease and the various types of leases are defined in the Commonwealth Native Title Act , sections 242 to 249B . Public work is defined in the Commonwealth Native Title Act , section 253 .
The past act extinguishes native title.
s 10 amd 1994 No. 61 s 2 sch 1
(sec.10-ssec.1) This section applies if the past act is a category A past act, but is not a category A past act to which section 229 (4) (which deals with public works) of the Commonwealth Native Title Act applies. Category A past act is defined in the Commonwealth Native Title Act , section 229 . This category covers freehold grants, some leasehold grants (commercial, agricultural, pastoral and residential leases) and public works. Lease and the various types of leases are defined in the Commonwealth Native Title Act , sections 242 to 249B . Public work is defined in the Commonwealth Native Title Act , section 253 .
(sec.10-ssec.2) The past act extinguishes native title.
sec.11
Category A past acts that are public works
sec.11 Category A past acts that are public works
This section applies if the past act is a category A past act to which section 229 (4) of the Commonwealth Native Title Act applies.
The past 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.
If section 229 (4) (a) (which deals with public works completed after 1 January 1994) of the Commonwealth Native Title Act applies to the past act, the extinguishment is taken to have happened on 1 January 1994.
s 11 amd 1994 No. 61 s 2 sch 1
(sec.11-ssec.1) This section applies if the past act is a category A past act to which section 229 (4) of the Commonwealth Native Title Act applies.
(sec.11-ssec.2) The past 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.
(sec.11-ssec.3) If section 229 (4) (a) (which deals with public works completed after 1 January 1994) of the Commonwealth Native Title Act applies to the past act, the extinguishment is taken to have happened on 1 January 1994.
sec.12
Inconsistent category B past acts
sec.12 Inconsistent category B past acts
This section applies if the past act is a category B past act that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned.
Category B past act is defined in the Commonwealth Native Title Act , section 230 . This category covers leasehold grants (other than leases that are category A past acts and mining leases).
The past act extinguishes the native title to the extent of the inconsistency.
(sec.12-ssec.1) This section applies if the past act is a category B past act that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned. Category B past act is defined in the Commonwealth Native Title Act , section 230 . This category covers leasehold grants (other than leases that are category A past acts and mining leases).
(sec.12-ssec.2) The past act extinguishes the native title to the extent of the inconsistency.
sec.13
Category C and D past acts
sec.13 Category C and D past acts
This section applies if the past act is a category C or D past act.
Category C past act is defined in the Commonwealth Native Title Act , section 231 . This category deals with the grant of mining leases. Mining lease is defined in the Commonwealth Native Title Act , section 245 and mine in the Commonwealth Native Title Act , section 253 .
Category D past act is defined in the Commonwealth Native Title Act , section 232 . It is the residual category of past acts.
The non-extinguishment principle applies to the past act.
The effect of the non-extinguishment principle is set out in the Commonwealth Native Title Act , section 238 .
(sec.13-ssec.1) This section applies if the past act is a category C or D past act. Category C past act is defined in the Commonwealth Native Title Act , section 231 . This category deals with the grant of mining leases. Mining lease is defined in the Commonwealth Native Title Act , section 245 and mine in the Commonwealth Native Title Act , section 253 . Category D past act is defined in the Commonwealth Native Title Act , section 232 . It is the residual category of past acts.
(sec.13-ssec.2) The non-extinguishment principle applies to the past act. The effect of the non-extinguishment principle is set out in the Commonwealth Native Title Act , section 238 .
pt.2-div.2A
Effect of validation of intermediate period acts on native title
Effect of validation of intermediate period acts on native title
sec.13AA
Category A intermediate period acts dealing with the granting or vesting of certain interests in land or waters
sec.13AA Category A intermediate period acts dealing with the granting or vesting of certain interests in land or waters
This section applies to a category A intermediate period act within the meaning of section 232B (2) , (3) or (4) of the Commonwealth Native Title Act .
The intermediate period act extinguishes all native title in relation to the land or waters concerned.
s 13AA ins 1998 No. 30 s 10
(sec.13AA-ssec.1) This section applies to a category A intermediate period act within the meaning of section 232B (2) , (3) or (4) of the Commonwealth Native Title Act .
(sec.13AA-ssec.2) The intermediate period act extinguishes all native title in relation to the land or waters concerned.
sec.13AB
Category A intermediate period acts that are public works
sec.13AB Category A intermediate period acts that are public works
This section applies to a category A intermediate period act within the meaning of section 232B (7) of the Commonwealth Native Title Act .
The intermediate period act extinguishes the native title in relation to the land or waters on which, on completion of its construction or establishment, the public work concerned was or is situated.
The extinguishment is taken to have happened when the construction or establishment started.
s 13AB ins 1998 No. 30 s 10
(sec.13AB-ssec.1) This section applies to a category A intermediate period act within the meaning of section 232B (7) of the Commonwealth Native Title Act .
(sec.13AB-ssec.2) The intermediate period act extinguishes the native title in relation to the land or waters on which, on completion of its construction or establishment, the public work concerned was or is situated.
(sec.13AB-ssec.3) The extinguishment is taken to have happened when the construction or establishment started.
sec.13AC
Category B intermediate period acts
sec.13AC Category B intermediate period acts
This section applies to a category B intermediate period act that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned.
The intermediate period act extinguishes the native title to the extent of the inconsistency.
s 13AC ins 1998 No. 30 s 10
(sec.13AC-ssec.1) This section applies to a category B intermediate period act that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned.
(sec.13AC-ssec.2) The intermediate period act extinguishes the native title to the extent of the inconsistency.
sec.13AD
Category C and D intermediate period acts
sec.13AD Category C and D intermediate period acts
This section applies if an intermediate period act is a category C or D intermediate period act.
The non-extinguishment principle applies to the intermediate period act.
For category C intermediate period acts, the State must also comply with the Commonwealth Native Title Act , section 22H (Requirement to notify: mining rights).
s 13AD ins 1998 No. 30 s 10
(sec.13AD-ssec.1) This section applies if an intermediate period act is a category C or D intermediate period act.
(sec.13AD-ssec.2) The non-extinguishment principle applies to the intermediate period act. For category C intermediate period acts, the State must also comply with the Commonwealth Native Title Act , section 22H (Requirement to notify: mining rights).
sec.13AE
Sections 13AA to 13AD apply subject to registered indigenous land use agreements
sec.13AE Sections 13AA to 13AD apply subject to registered indigenous land use agreements
Sections 13AA to 13AD apply subject to section 24EBA (6) of the Commonwealth Native Title Act .
s 13AE ins 1998 No. 30 s 10
pt.2-div.2B
Effect of extinguishment under division 2 or 2A
Effect of extinguishment under division 2 or 2A
sec.13A
Effect of extinguishment
sec.13A Effect of extinguishment
An extinguishment under division 2 or 2A does not by itself confer a right to eject or remove any Aboriginal persons who may reside on or who exercise access over land or waters covered by a pastoral lease the grant, re-grant or extension of which is validated by division 2 or 2A .
s 13A ins 1994 No. 61 s 2 sch 1
amd 1998 No. 30 s 11
pt.2-div.3
Other effects of validation under division 2 or 2A
Other effects of validation under division 2 or 2A
sec.14
Preservation of beneficial reservations and conditions—past acts
sec.14 Preservation of beneficial reservations and conditions—past acts
This section applies if—
the past act contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or
the doing of the past act 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).
Division 2 (Effect of validation of past acts on native title) does not affect a reservation or condition mentioned in subsection (1) (a) or rights or interests mentioned in subsection (1) (b) .
s 14 amd 1994 No. 61 s 2 sch 2 ; 1998 No. 30 s 13
(sec.14-ssec.1) This section applies if— the past act contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or the doing of the past act 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).
(sec.14-ssec.2) Division 2 (Effect of validation of past acts on native title) does not affect a reservation or condition mentioned in subsection (1) (a) or rights or interests mentioned in subsection (1) (b) .
(a) the past act contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or
(b) the doing of the past act 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).
sec.14A
Preservation of beneficial reservations and conditions—intermediate period acts
sec.14A Preservation of beneficial reservations and conditions—intermediate period acts
This section applies if—
an intermediate period act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or
the doing of an intermediate period act attributable to the State 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.
Division 2A does not affect a reservation or condition mentioned in subsection (1) (a) or rights or interests mentioned in subsection (1) (b) .
s 14A ins 1998 No. 30 s 14
(sec.14A-ssec.1) This section applies if— an intermediate period act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or the doing of an intermediate period act attributable to the State 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.
(sec.14A-ssec.2) Division 2A does not affect a reservation or condition mentioned in subsection (1) (a) or rights or interests mentioned in subsection (1) (b) .
(a) an intermediate period act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or
(b) the doing of an intermediate period act attributable to the State 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.
sec.15
Compensation
sec.15 Compensation
Under the Commonwealth Native Title Act , native title holders are, subject to that Act, entitled to compensation because of the validation by this Act of past acts and intermediate period acts attributable to the State.
The compensation is payable by the State.
s 15 amd 1994 No. 61 s 2 sch 1
sub 1998 No. 30 s 15
(sec.15-ssec.1) Under the Commonwealth Native Title Act , native title holders are, subject to that Act, entitled to compensation because of the validation by this Act of past acts and intermediate period acts attributable to the State.
(sec.15-ssec.2) The compensation is payable by the State.
pt.2-div.4
Validation of certain future acts
Validation of certain future acts
sec.15A
Effect of registration on previous acts covered by indigenous land use agreements ( NTA , s 24EBA (1) and (3))
sec.15A Effect of registration on previous acts covered by indigenous land use agreements ( NTA , s 24EBA (1) and (3))
This section applies if—
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—
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
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; and
the future act or class of acts is attributable to the State; and
the State is a party to the agreement; and
if, 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.
If this section applies in relation to a future act, the act is valid, and is taken always to have been valid.
If this section applies in relation to a class of future acts, all acts included in the class are valid, and are taken always to have been valid.
s 15A ins 1999 No. 35 s 51
(sec.15A-ssec.1) This section applies if— 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— 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 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; and the future act or class of acts is attributable to the State; and the State is a party to the agreement; and if, 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.
(sec.15A-ssec.2) If this section applies in relation to a future act, the act is valid, and is taken always to have been valid.
(sec.15A-ssec.3) If this section applies in relation to a class of future acts, all acts included in the class are valid, and are taken always to have been valid.
(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; and
(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; and
(b) the future act or class of acts is attributable to the State; and
(c) the State is a party to the agreement; and
(d) if, 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.
(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; and
pt.3
Confirmation of certain rights
Confirmation of certain rights
sec.16
Object of part
sec.16 Object of part
The object of this part is to confirm, in accordance with section 212 (Confirmation of ownership of natural resources, access to beaches etc.) of the Commonwealth Native Title Act —
the ownership of natural resources and certain water and fishing access rights; and
public access to and enjoyment of beaches and certain other places.
s 16 amd 1994 No. 61 s 2 sch 1
(a) the ownership of natural resources and certain water and fishing access rights; and
(b) public access to and enjoyment of beaches and certain other places.
sec.17
Confirmation of ownership of natural resources etc.
sec.17 Confirmation of ownership of natural resources etc.
The existing ownership of all natural resources owned by the State is confirmed.
All existing rights of the State to use, control and regulate the flow of water are confirmed.
All existing fishing access rights under State law are confirmed to prevail over other public or private fishing rights.
Example 1—Minerals and petroleum
With the exception of minerals on certain freehold titles granted between 1860 and 1910, the State owns all minerals (e.g. bauxite, coal and gold) and petroleum in Queensland—see s 8 Mineral Resources Act 1989 and earlier provisions and s 9 Petroleum Act 1923 and s 26 Petroleum and Gas (Production and Safety) Act 2004 . This ownership is confirmed by subsection (1) .
Example 2—Quarry material
The State owns quarry material on certain lands in Queensland, including all Crown lands—see s 45 Forestry Act 1959 . This ownership is confirmed by subsection (1) .
Example 3—Fauna
With limited exceptions, the State owns all indigenous fauna in Queensland—see s 7 Fauna Conservation Act 1974 . This ownership is confirmed by subsection (1) .
s 17 amd 2004 No. 25 s 1032
(sec.17-ssec.1) The existing ownership of all natural resources owned by the State is confirmed.
(sec.17-ssec.2) All existing rights of the State to use, control and regulate the flow of water are confirmed.
(sec.17-ssec.3) All existing fishing access rights under State law are confirmed to prevail over other public or private fishing rights. Example 1—Minerals and petroleum With the exception of minerals on certain freehold titles granted between 1860 and 1910, the State owns all minerals (e.g. bauxite, coal and gold) and petroleum in Queensland—see s 8 Mineral Resources Act 1989 and earlier provisions and s 9 Petroleum Act 1923 and s 26 Petroleum and Gas (Production and Safety) Act 2004 . This ownership is confirmed by subsection (1) . Example 2—Quarry material The State owns quarry material on certain lands in Queensland, including all Crown lands—see s 45 Forestry Act 1959 . This ownership is confirmed by subsection (1) . Example 3—Fauna With limited exceptions, the State owns all indigenous fauna in Queensland—see s 7 Fauna Conservation Act 1974 . This ownership is confirmed by subsection (1) .
sec.18
Confirmation of access to beaches etc.
sec.18 Confirmation of access to beaches etc.
Existing public access to and enjoyment of the following places is confirmed—
waterways;
beds and banks or foreshores of waterways;
coastal waters;
beaches;
stock routes;
areas that were public places at the end of 31 December 1993.
s 18 amd 1994 No. 61 s 2 sch 1 ; 1998 No. 38 s 15
(a) waterways;
(b) beds and banks or foreshores of waterways;
(c) coastal waters;
(d) beaches;
(da) stock routes;
(e) areas that were public places at the end of 31 December 1993.
sec.18A
Effect of confirmation under part
sec.18A Effect of confirmation under part
Under section 212 (3) (Confirmation of ownership of natural resources, access to beaches etc.) of the Commonwealth Native Title Act , a confirmation under this part does not extinguish any native title rights and interests and does not affect any conferral of land or waters, or an interest in land or waters, under a law that confers benefits only on Aboriginal peoples or Torres Strait Islanders.
s 18A ins 1994 No. 61 s 2 sch 1
amd 1998 No. 30 s 16
pt.4
Confirmation of total or partial extinguishment of native title by particular previous acts
Confirmation of total or partial extinguishment of native title by particular previous acts
pt.4-div.1
Objects
Objects
sec.19
Objects of pt 4
sec.19 Objects of pt 4
The objects of this part are—
to confirm the total extinguishment of native title by previous exclusive possession acts attributable to the State; and
For the authorising provision, see the Commonwealth Native Title Act , section 23E (Confirmation of extinguishment of native title by previous exclusive possession acts of State or Territory). For what is a previous exclusive possession act , see the Commonwealth Native Title Act , section 23B .
to confirm the partial extinguishment of native title by previous non-exclusive possession acts attributable to the State.
For the authorising provision of the Commonwealth Native Title Act , see the Commonwealth Native Title Act , section 23I (Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of State or Territory). For what is a previous non-exclusive possession act , see the Commonwealth Native Title Act , section 23F .
s 19 sub 1998 No. 30 s 17
(a) to confirm the total extinguishment of native title by previous exclusive possession acts attributable to the State; and Editor’s note— For the authorising provision, see the Commonwealth Native Title Act , section 23E (Confirmation of extinguishment of native title by previous exclusive possession acts of State or Territory). For what is a previous exclusive possession act , see the Commonwealth Native Title Act , section 23B .
(b) to confirm the partial extinguishment of native title by previous non-exclusive possession acts attributable to the State. Editor’s note— For the authorising provision of the Commonwealth Native Title Act , see the Commonwealth Native Title Act , section 23I (Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of State or Territory). For what is a previous non-exclusive possession act , see the Commonwealth Native Title Act , section 23F .
pt.4-div.2
Confirmation of extinguishment or partial extinguishment
Confirmation of extinguishment or partial extinguishment
sec.20
Confirmation of extinguishment of native title by certain acts that are not public works
sec.20 Confirmation of extinguishment of native title by certain acts that are not public works
This section applies to an act that is a previous exclusive possession act under section 23B (2) (including because of section 23B (3) ) of the Commonwealth Native Title Act .
The act extinguishes native title in relation to the land or waters covered by the freehold estate, Scheduled interest or lease concerned.
Scheduled interest is defined in section 249C of the Commonwealth Native Title Act .
The extinguishment is taken to have happened when the act was done.
s 20 sub 1998 No. 30 s 17
(sec.20-ssec.1) This section applies to an act that is a previous exclusive possession act under section 23B (2) (including because of section 23B (3) ) of the Commonwealth Native Title Act .
(sec.20-ssec.2) The act extinguishes native title in relation to the land or waters covered by the freehold estate, Scheduled interest or lease concerned. Scheduled interest is defined in section 249C of the Commonwealth Native Title Act .
(sec.20-ssec.3) The extinguishment is taken to have happened when the act was done.
sec.21
Confirmation of extinguishment of native title by certain acts that are public works
sec.21 Confirmation of extinguishment of native title by certain acts that are public works
This section applies to an act that is a previous exclusive possession act under section 23B (7) of the Commonwealth Native Title Act .
The act extinguishes native title in relation to the land or waters on which, on completion of its construction or establishment, the public work concerned was or is situated.
The extinguishment is taken to have happened when the construction or establishment of the public work started.
s 21 sub 1998 No. 30 s 17
(sec.21-ssec.1) This section applies to an act that is a previous exclusive possession act under section 23B (7) of the Commonwealth Native Title Act .
(sec.21-ssec.2) The act extinguishes native title in relation to the land or waters on which, on completion of its construction or establishment, the public work concerned was or is situated.
(sec.21-ssec.3) The extinguishment is taken to have happened when the construction or establishment of the public work started.
sec.22
Other extinguishment provisions do not apply
sec.22 Other extinguishment provisions do not apply
If section 20 or 21 applies to an act, sections 10 to 13AE do not apply to the act.
s 22 amd 1994 No. 61 s 2 sch 2
sub 1998 No. 30 s 17
sec.23
Confirmation of partial extinguishment of native title by previous non-exclusive possession acts
sec.23 Confirmation of partial extinguishment of native title by previous non-exclusive possession acts
Subject to subsection (2) , if a previous non-exclusive possession act is attributable to the State—
to the extent that the act involves the grant of rights and interests that are not inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned, the rights and interests granted, and the doing of any activity in giving effect to them, prevail over the native title rights and interests but do not extinguish them; and
to the extent that the act involves the grant of rights and interests that are inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned—
if, apart from this Act, the act extinguishes the native title rights and interests—the native title rights and interests are extinguished; and
in any other case—the native title rights and interests are suspended while the lease concerned, or the lease as renewed, remade, regranted, or extended, is in force; and
any extinguishment under this subsection is taken to have happened when the act was done.
This section does not apply if the act is the grant of a pastoral lease or an agricultural lease to which section 10 applies.
If this section applies to an act, sections 10 to 13AE do not apply to the act.
s 23 sub 1998 No. 30 s 17
(sec.23-ssec.1) Subject to subsection (2) , if a previous non-exclusive possession act is attributable to the State— to the extent that the act involves the grant of rights and interests that are not inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned, the rights and interests granted, and the doing of any activity in giving effect to them, prevail over the native title rights and interests but do not extinguish them; and to the extent that the act involves the grant of rights and interests that are inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned— if, apart from this Act, the act extinguishes the native title rights and interests—the native title rights and interests are extinguished; and in any other case—the native title rights and interests are suspended while the lease concerned, or the lease as renewed, remade, regranted, or extended, is in force; and any extinguishment under this subsection is taken to have happened when the act was done.
(sec.23-ssec.2) This section does not apply if the act is the grant of a pastoral lease or an agricultural lease to which section 10 applies.
(sec.23-ssec.3) If this section applies to an act, sections 10 to 13AE do not apply to the act.
(a) to the extent that the act involves the grant of rights and interests that are not inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned, the rights and interests granted, and the doing of any activity in giving effect to them, prevail over the native title rights and interests but do not extinguish them; and
(b) to the extent that the act involves the grant of rights and interests that are inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned— (i) if, apart from this Act, the act extinguishes the native title rights and interests—the native title rights and interests are extinguished; and (ii) in any other case—the native title rights and interests are suspended while the lease concerned, or the lease as renewed, remade, regranted, or extended, is in force; and
(i) if, apart from this Act, the act extinguishes the native title rights and interests—the native title rights and interests are extinguished; and
(ii) in any other case—the native title rights and interests are suspended while the lease concerned, or the lease as renewed, remade, regranted, or extended, is in force; and
(c) any extinguishment under this subsection is taken to have happened when the act was done.
(i) if, apart from this Act, the act extinguishes the native title rights and interests—the native title rights and interests are extinguished; and
(ii) in any other case—the native title rights and interests are suspended while the lease concerned, or the lease as renewed, remade, regranted, or extended, is in force; and
pt.4-div.3
Effect of confirmation of total or partial extinguishment of native title
Effect of confirmation of total or partial extinguishment of native title
sec.24
Preservation of beneficial reservations and conditions
sec.24 Preservation of beneficial reservations and conditions
If—
a previous exclusive possession act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or
the doing of a previous exclusive possession act attributable to the State 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;
neither section 20 or 21 affects the reservation or condition or the rights or interests.
If—
a previous non-exclusive possession act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or
the doing of a previous non-exclusive possession act attributable to the State 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;
section 23 does not affect the reservation or condition or the rights or interests.
s 24 sub 1998 No. 30 s 17
(sec.24-ssec.1) If— a previous exclusive possession act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or the doing of a previous exclusive possession act attributable to the State 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; neither section 20 or 21 affects the reservation or condition or the rights or interests.
(sec.24-ssec.2) If— a previous non-exclusive possession act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or the doing of a previous non-exclusive possession act attributable to the State 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; section 23 does not affect the reservation or condition or the rights or interests.
(a) a previous exclusive possession act attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders; or
(b) the doing of a previous exclusive possession act attributable to the State 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;
(a) a previous non-exclusive possession act attributable to the State 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 State 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;
sec.25
Confirmation of validity of use of certain land held by State etc.
sec.25 Confirmation of validity of use of certain land held by State etc.
To remove doubt, it is declared that if an act is a previous exclusive possession act because of section 23B (9C) (b) of the Commonwealth Native Title Act , the use of the land or waters concerned as mentioned in that paragraph is valid.
For the authorising provision, see the Commonwealth Native Title Act , section 23E (Confirmation of extinguishment of native title by previous exclusive possession acts of State or Territory).
s 25 sub 1998 No. 30 s 17
sec.26
Notification
sec.26 Notification
For a previous non-exclusive possession act to which section 23F (3) (c) (ii) of the Commonwealth Native Title Act applies—
notice must be given, in the way decided in writing 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
the persons given notice must be given an opportunity to comment on the act or class of acts.
For the authorising provision see the Commonwealth Native Title Act , section 23I (Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of State or Territory).
s 26 sub 1998 No. 30 s 17
(a) notice must be given, in the way decided in writing 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) the persons given notice must be given an opportunity to comment on the act or class of acts.
sec.27
Compensation
sec.27 Compensation
Under the Commonwealth Native Title Act , native title holders are, subject to that Act, entitled to compensation for any extinguishment under this part of their native title rights and interests.
However, the native title holders are entitled to compensation only to the extent, if any, that the native title rights and interests were not extinguished otherwise than under this Act.
The compensation is payable by the State.
s 27 sub 1998 No. 30 s 17
(sec.27-ssec.1) Under the Commonwealth Native Title Act , native title holders are, subject to that Act, entitled to compensation for any extinguishment under this part of their native title rights and interests.
(sec.27-ssec.2) However, the native title holders are entitled to compensation only to the extent, if any, that the native title rights and interests were not extinguished otherwise than under this Act.
(sec.27-ssec.3) The compensation is payable by the State.
pt.6
sec.28
Section sec.28
s 28 sub 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
pt.7
pt.7-div.1
sec.29
Section sec.29
s 29 amd 1994 No. 61 s 2 sch s 1 – 2
om 1998 No. 30 s 17
sec.30
Section sec.30
s 30 om 1998 No. 30 s 17
sec.31
Section sec.31
s 31 om 1998 No. 30 s 17
sec.32
Section sec.32
s 32 amd 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
sec.33
Section sec.33
s 33 sub 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
sec.33A
Section sec.33A
s 33A ins 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
sec.34
Section sec.34
s 34 om 1998 No. 30 s 17
sec.35
Section sec.35
s 35 amd 1994 No. 61 s 2 sch s 1 – 2 ; 1995 No. 30 s 3
om 1998 No. 30 s 17
sec.36
Section sec.36
s 36 amd 1994 No. 61 s 2 sch 1 ; 1995 No. 30 s 2 sch
om 1998 No. 30 s 17
sec.37
Section sec.37
s 37 amd 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 17
sec.38
Section sec.38
s 38 om 1998 No. 30 s 17
sec.39
Section sec.39
s 39 om 1998 No. 30 s 17
sec.40
Section sec.40
s 40 amd 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
sec.41
Section sec.41
s 41 amd 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
sec.42
Section sec.42
s 42 amd 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
sec.43
Section sec.43
s 43 amd 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 17
pt.7-div.2
sec.44
Section sec.44
s 44 amd 1994 No. 61 s 2 sch s 1 – 2
om 1998 No. 30 s 17
sec.45
Section sec.45
s 45 om 1998 No. 30 s 17
sec.46
Section sec.46
s 46 om 1998 No. 30 s 17
sec.47
Section sec.47
s 47 om 1998 No. 30 s 17
sec.47A
Section sec.47A
s 47A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 17
pt.7-div.3
sec.48
Section sec.48
s 48 om 1998 No. 30 s 17
sec.49
Section sec.49
s 49 om 1998 No. 30 s 17
pt.8
pt.8-div.1
sec.50
Section sec.50
s 50 om 1998 No. 30 s 17
sec.51
Section sec.51
s 51 om 1998 No. 30 s 17
pt.8-div.2
sec.52
Section sec.52
s 52 amd 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 17
sec.53
Section sec.53
s 53 om 1998 No. 30 s 17
sec.54
Section sec.54
s 54 amd 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 17
sec.55
Section sec.55
s 55 om 1998 No. 30 s 17
sec.56
Section sec.56
s 56 om 1998 No. 30 s 17
sec.57
Section sec.57
s 57 om 1998 No. 30 s 17
sec.58
Section sec.58
s 58 om 1998 No. 30 s 17
sec.59
Section sec.59
s 59 amd 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
sec.60
Section sec.60
s 60 om 1998 No. 30 s 17
sec.61
Section sec.61
s 61 om 1998 No. 30 s 17
sec.61A
Section sec.61A
s 61A ins 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
sec.61B
Section sec.61B
s 61B ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 17
pt.8-div.3
sec.62
Section sec.62
s 62 om 1998 No. 30 s 17
sec.63
Section sec.63
s 63 om 1998 No. 30 s 17
sec.64
Section sec.64
s 64 om 1998 No. 30 s 17
sec.65
Section sec.65
s 65 om 1998 No. 30 s 17
sec.66
Section sec.66
s 66 om 1998 No. 30 s 17
sec.67
Section sec.67
s 67 om 1998 No. 30 s 17
sec.68
Section sec.68
s 68 om 1998 No. 30 s 17
sec.69
Section sec.69
s 69 om 1998 No. 30 s 17
sec.70
Section sec.70
s 70 om 1998 No. 30 s 17
sec.71
Section sec.71
s 71 om 1998 No. 30 s 17
pt.8-div.4
sec.72
Section sec.72
s 72 om 1998 No. 30 s 17
sec.73
Section sec.73
s 73 sub 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
sec.74
Section sec.74
s 74 amd 1994 No. 61 s 2 sch s 1 – 2
om 1998 No. 30 s 17
sec.75
Section sec.75
s 75 om 1998 No. 30 s 17
sec.76
Section sec.76
s 76 om 1998 No. 30 s 17
sec.77
Section sec.77
s 77 sub 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 17
pt.8-div.5
sec.78
Section sec.78
s 78 om 1998 No. 30 s 17
sec.79
Section sec.79
s 79 om 1998 No. 30 s 17
sec.80
Section sec.80
s 80 om 1998 No. 30 s 17
pt.8-div.6
sec.81
Section sec.81
s 81 om 1998 No. 30 s 17
sec.82
Section sec.82
s 82 om 1998 No. 30 s 17
sec.83
Section sec.83
s 83 om 1998 No. 30 s 17
sec.84
Section sec.84
s 84 om 1998 No. 30 s 17
sec.85
Section sec.85
s 85 om 1998 No. 30 s 17
sec.86
Section sec.86
s 86 om 1998 No. 30 s 17
pt.8-div.7
sec.87
Section sec.87
s 87 om 1998 No. 30 s 17
sec.88
Section sec.88
s 88 om 1998 No. 30 s 17
sec.89
Section sec.89
s 89 om 1998 No. 30 s 17
sec.90
Section sec.90
s 90 amd 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 17
sec.91
Section sec.91
s 91 om 1998 No. 30 s 17
pt.9
pt.9-div.1
sec.92
Section sec.92
s 92 om 1998 No. 30 s 17
sec.93
Section sec.93
s 93 om 1998 No. 30 s 17
sec.94
Section sec.94
s 94 om 1998 No. 30 s 17
sec.95
Section sec.95
s 95 om 1998 No. 30 s 17
sec.96
Section sec.96
s 96 om 1998 No. 30 s 17
sec.97
Section sec.97
s 97 om 1998 No. 30 s 17
pt.9-div.2
sec.98
Section sec.98
s 98 om 1998 No. 30 s 17
sec.99
Section sec.99
s 99 om 1998 No. 30 s 17
sec.100
Section sec.100
s 100 om 1998 No. 30 s 17
sec.101
Section sec.101
s 101 om 1998 No. 30 s 17
pt.9-div.3
sec.102
Section sec.102
s 102 om 1998 No. 30 s 17
sec.103
Section sec.103
s 103 om 1998 No. 30 s 17
sec.104
Section sec.104
s 104 om 1998 No. 30 s 17
sec.105
Section sec.105
s 105 om 1998 No. 30 s 17
sec.106
Section sec.106
s 106 om 1998 No. 30 s 17
sec.107
Section sec.107
s 107 om 1998 No. 30 s 17
sec.108
Section sec.108
s 108 om 1998 No. 30 s 17
pt.9-div.4
sec.109
Section sec.109
s 109 amd 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 17
sec.110
Section sec.110
s 110 om 1998 No. 30 s 17
sec.111
Section sec.111
s 111 om 1998 No. 30 s 17
sec.112
Section sec.112
s 112 om 1998 No. 30 s 17
sec.113
Section sec.113
s 113 om 1998 No. 30 s 17
pt.9-div.5
sec.114
Section sec.114
s 114 om 1998 No. 30 s 17
sec.115
Section sec.115
s 115 om 1998 No. 30 s 17
sec.116
Section sec.116
s 116 om 1998 No. 30 s 17
sec.117
Section sec.117
s 117 om 1998 No. 30 s 17
sec.118
Section sec.118
s 118 om 1998 No. 30 s 17
sec.119
Section sec.119
s 119 om 1998 No. 30 s 17
sec.120
Section sec.120
s 120 om 1998 No. 30 s 17
sec.121
Section sec.121
s 121 om 1998 No. 30 s 17
pt.9-div.6
sec.122
Section sec.122
s 122 sub 1994 No. 61 s 2 sch 2 (amd 1995 No. 57 s 4 sch 2 )
om 1998 No. 30 s 17
sec.123
Section sec.123
s 123 om 1998 No. 30 s 17
sec.124
Section sec.124
s 124 om 1998 No. 30 s 17
sec.125
Section sec.125
s 125 om 1998 No. 30 s 17
sec.126
Section sec.126
s 126 om 1998 No. 30 s 17
sec.127
Section sec.127
s 127 om 1998 No. 30 s 17
sec.128
Section sec.128
s 128 om 1998 No. 30 s 17
sec.129
Section sec.129
s 129 om 1998 No. 30 s 17
sec.130
Section sec.130
s 130 om 1998 No. 30 s 17
pt.9-div.7
sec.131
Section sec.131
s 131 om 1998 No. 30 s 17
sec.132
Section sec.132
s 132 om 1998 No. 30 s 17
sec.133
Section sec.133
s 133 om 1998 No. 30 s 17
sec.134
Section sec.134
s 134 om 1998 No. 30 s 17
pt.10
sec.135
Section sec.135
s 135 amd 1995 No. 30 s 2 sch
om 1998 No. 30 s 17
sec.136
Section sec.136
s 136 om 1998 No. 30 s 17
sec.137
Section sec.137
s 137 amd 1994 No. 61 s 2 sch s 1 – 2
om 1998 No. 30 s 17
sec.138
Section sec.138
s 138 om 1998 No. 30 s 17
sec.139
Section sec.139
s 139 om 1998 No. 30 s 17
sec.140
Section sec.140
s 140 om 1998 No. 30 s 17
sec.141
Section sec.141
s 141 amd 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 17
sec.142
Section sec.142
s 142 om 1998 No. 30 s 17
sec.143
Section sec.143
s 143 om 1998 No. 30 s 17
pt.11
Miscellaneous
Miscellaneous
sec.144
Compulsory acquisition of native title
sec.144 Compulsory acquisition of native title
The power of compulsory acquisition under a compulsory acquisition Act includes—
power to compulsorily acquire, for the purposes of the compulsory acquisition Act, native title rights and interests in relation to any land or waters; and
if native title rights and interests are compulsorily acquired in relation to land or waters, power to compulsorily acquire at the same time any non-native title rights and interests in relation to the land or waters.
To remove any doubt, it is declared that—
native title rights and interests in relation to any land may be acquired under a compulsory acquisition Act even though the Act would not otherwise apply to the land; and
all non-native title rights and interests in relation to the land may be acquired in accordance with subsection (1) (b) under a compulsory acquisition Act even though the Act would not otherwise apply to the land.
As a result of the operation of subsection (2) (a) , native title rights and interests in relation to unallocated State land under the Land Act 1994 may be acquired under the Acquisition of Land Act 1967 even though the Acquisition of Land Act 1967 would not otherwise apply to the unallocated State land.
As a result of the operation of subsection (2) (b) , if native title rights and interests in relation to particular unallocated State land are acquired under the Acquisition of Land Act 1967 , all non-native title rights and interests in relation to that unallocated State land may also be acquired at the same time under the Acquisition of Land Act 1967 even though the Acquisition of Land Act 1967 would not otherwise apply to the unallocated State land.
Subsection (2) does not limit subsection (1) .
Subsections (3B) and (3C) apply if—
native title rights and interests in relation to land or waters are acquired under a compulsory acquisition Act; and
the holders of the rights and interests are entitled to compensation under the Commonwealth Native Title Act for the acquisition.
If the person who acquires the rights and interests is not the State, that person is liable to pay the compensation.
However, the State is liable to pay the compensation if, when the compensation is required to be paid, it is not reasonably practicable for the holders to otherwise recover the compensation.
See the Native Title Act 1993 (Cwlth) , section 24MD (4) (b) (i) in relation to the recovery of compensation.
In this section—
compulsory acquisition Act means an Act, other than the Land Act 1994 , providing for compulsory acquisition in relation to land or waters, including, for example, any of the following—
Acquisition of Land Act 1967
Electricity Act 1994
Petroleum and Gas (Production and Safety) Act 2004
State Development and Public Works Organisation Act 1971
Transport Planning and Coordination Act 1994.
s 144 sub 1998 No. 30 s 18
amd 2000 No. 36 s 16 ; 2004 No. 25 s 1033 ; 2008 No. 29 s 72 ; 2014 No. 29 s 118
(sec.144-ssec.1) The power of compulsory acquisition under a compulsory acquisition Act includes— power to compulsorily acquire, for the purposes of the compulsory acquisition Act, native title rights and interests in relation to any land or waters; and if native title rights and interests are compulsorily acquired in relation to land or waters, power to compulsorily acquire at the same time any non-native title rights and interests in relation to the land or waters.
(sec.144-ssec.2) To remove any doubt, it is declared that— native title rights and interests in relation to any land may be acquired under a compulsory acquisition Act even though the Act would not otherwise apply to the land; and all non-native title rights and interests in relation to the land may be acquired in accordance with subsection (1) (b) under a compulsory acquisition Act even though the Act would not otherwise apply to the land. As a result of the operation of subsection (2) (a) , native title rights and interests in relation to unallocated State land under the Land Act 1994 may be acquired under the Acquisition of Land Act 1967 even though the Acquisition of Land Act 1967 would not otherwise apply to the unallocated State land. As a result of the operation of subsection (2) (b) , if native title rights and interests in relation to particular unallocated State land are acquired under the Acquisition of Land Act 1967 , all non-native title rights and interests in relation to that unallocated State land may also be acquired at the same time under the Acquisition of Land Act 1967 even though the Acquisition of Land Act 1967 would not otherwise apply to the unallocated State land.
(sec.144-ssec.3) Subsection (2) does not limit subsection (1) .
(sec.144-ssec.3A) Subsections (3B) and (3C) apply if— native title rights and interests in relation to land or waters are acquired under a compulsory acquisition Act; and the holders of the rights and interests are entitled to compensation under the Commonwealth Native Title Act for the acquisition.
(sec.144-ssec.3B) If the person who acquires the rights and interests is not the State, that person is liable to pay the compensation.
(sec.144-ssec.3C) However, the State is liable to pay the compensation if, when the compensation is required to be paid, it is not reasonably practicable for the holders to otherwise recover the compensation. See the Native Title Act 1993 (Cwlth) , section 24MD (4) (b) (i) in relation to the recovery of compensation.
(sec.144-ssec.4) In this section— compulsory acquisition Act means an Act, other than the Land Act 1994 , providing for compulsory acquisition in relation to land or waters, including, for example, any of the following— Acquisition of Land Act 1967 Electricity Act 1994 Petroleum and Gas (Production and Safety) Act 2004 State Development and Public Works Organisation Act 1971 Transport Planning and Coordination Act 1994.
(a) power to compulsorily acquire, for the purposes of the compulsory acquisition Act, native title rights and interests in relation to any land or waters; and
(b) if native title rights and interests are compulsorily acquired in relation to land or waters, power to compulsorily acquire at the same time any non-native title rights and interests in relation to the land or waters.
(a) native title rights and interests in relation to any land may be acquired under a compulsory acquisition Act even though the Act would not otherwise apply to the land; and
(b) all non-native title rights and interests in relation to the land may be acquired in accordance with subsection (1) (b) under a compulsory acquisition Act even though the Act would not otherwise apply to the land.
1 As a result of the operation of subsection (2) (a) , native title rights and interests in relation to unallocated State land under the Land Act 1994 may be acquired under the Acquisition of Land Act 1967 even though the Acquisition of Land Act 1967 would not otherwise apply to the unallocated State land.
2 As a result of the operation of subsection (2) (b) , if native title rights and interests in relation to particular unallocated State land are acquired under the Acquisition of Land Act 1967 , all non-native title rights and interests in relation to that unallocated State land may also be acquired at the same time under the Acquisition of Land Act 1967 even though the Acquisition of Land Act 1967 would not otherwise apply to the unallocated State land.
(a) native title rights and interests in relation to land or waters are acquired under a compulsory acquisition Act; and
(b) the holders of the rights and interests are entitled to compensation under the Commonwealth Native Title Act for the acquisition.
• Acquisition of Land Act 1967
• Electricity Act 1994
• Petroleum and Gas (Production and Safety) Act 2004
• State Development and Public Works Organisation Act 1971
• Transport Planning and Coordination Act 1994.
sec.144A
Section sec.144A
s 144A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 18
sec.144B
Section sec.144B
s 144B ins 1994 No. 61 s 3
om 1998 No. 30 s 18
sec.145
Regulation-making power
sec.145 Regulation-making power
The Governor in Council may make regulations under this Act.
sec.146
Section headings— Commonwealth Native Title Act
sec.146 Section headings— Commonwealth Native Title Act
A reference in a section heading to a provision of the Commonwealth Native Title Act does not form part of this Act.
s 146 amd 1994 No. 61 s 2 sch 2
sub 1998 No. 38 s 16
sec.146A
Section sec.146A
s 146A ins 1998 No. 38 s 16
om 2000 No. 36 s 18 sch 1
pt.12
pt.12-div.1
sec.147
Section sec.147
s 147 om 2000 No. 36 s 17
pt.12-div.2
sec.148
Section sec.148
s 148 amd 1994 No. 61 s 2 sch s 1 – 2
om 1998 No. 30 s 19
sec.149
Section sec.149
s 149 sub 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 19
sec.150
Section sec.150
s 150 amd 1994 No. 61 s 2 sch s 1 – 2
om 1998 No. 30 s 19
sec.151
Section sec.151
s 151 amd 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 19
pt.12-div.3
sec.152
Section sec.152
s 152 amd 1994 No. 61 s 2 sch 2
om 2000 No. 36 s 17
sec.153
Section sec.153
s 153 amd 1994 No. 61 s 2 sch s 1 – 2 ; 1999 No. 7 s 87 sch 3
om 2000 No. 36 s 17
pt.12-div.4
sec.154
Section sec.154
s 154 om 2000 No. 36 s 17
sec.155
Section sec.155
s 155 amd 1994 No. 61 s 2 sch 2
om 2000 No. 36 s 17
sec.156
Section sec.156
s 156 amd 1997 No. 9 s 46
om 2000 No. 36 s 17
pt.13
pt.13-div.1
sec.157
Section sec.157
s 157 om 1998 No. 30 s 20
sec.158
Section sec.158
s 158 om 1998 No. 30 s 20
sec.159
Section sec.159
s 159 om 1998 No. 30 s 20
sec.160
Section sec.160
s 160 sub 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160A
Section sec.160A
s 160A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160B
Section sec.160B
s 160B ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160C
Section sec.160C
s 160C ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160D
Section sec.160D
s 160D ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160E
Section sec.160E
s 160E ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160F
Section sec.160F
s 160F ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160G
Section sec.160G
s 160G ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160H
Section sec.160H
s 160H ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160I
Section sec.160I
s 160I ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160J
Section sec.160J
s 160J ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160K
Section sec.160K
s 160K ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160L
Section sec.160L
s 160L ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.160M
Section sec.160M
s 160M ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.161
Section sec.161
s 161 om 1998 No. 30 s 20
sec.161A
Section sec.161A
s 161A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.161B
Section sec.161B
s 161B ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.161C
Section sec.161C
s 161C ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.161D
Section sec.161D
s 161D ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.161E
Section sec.161E
s 161E ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.161F
Section sec.161F
s 161F ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.161G
Section sec.161G
s 161G ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.162
Section sec.162
s 162 om 1998 No. 30 s 20
sec.162A
Section sec.162A
s 162A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.162B
Section sec.162B
s 162B ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.162C
Section sec.162C
s 162C ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.162D
Section sec.162D
s 162D ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.162E
Section sec.162E
s 162E ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.163
Section sec.163
s 163 amd 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.163A
Section sec.163A
s 163A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.164
Section sec.164
s 164 sub 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.164A
Section sec.164A
s 164A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.164B
Section sec.164B
s 164B ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.164C
Section sec.164C
s 164C ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.164D
Section sec.164D
s 164D ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
pt.13-div.2
sec.165
Section sec.165
s 165 om 1998 No. 30 s 20
sec.166
Section sec.166
s 166 om 1998 No. 30 s 20
sec.167
Section sec.167
s 167 om 1998 No. 30 s 20
sec.168
Section sec.168
s 168 sub 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168A
Section sec.168A
s 168A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168B
Section sec.168B
s 168B ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168C
Section sec.168C
s 168C ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168D
Section sec.168D
s 168D ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168E
Section sec.168E
s 168E ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168F
Section sec.168F
s 168F ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168G
Section sec.168G
s 168G ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168H
Section sec.168H
s 168H ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168I
Section sec.168I
s 168I ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168J
Section sec.168J
s 168J ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168K
Section sec.168K
s 168K ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168L
Section sec.168L
s 168L ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168M
Section sec.168M
s 168M ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.168N
Section sec.168N
s 168N ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.169
Section sec.169
s 169 om 1998 No. 30 s 20
sec.169A
Section sec.169A
s 169A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.169B
Section sec.169B
s 169B ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.169C
Section sec.169C
s 169C ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.169D
Section sec.169D
s 169D ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.169E
Section sec.169E
s 169E ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.169F
Section sec.169F
s 169F ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.169G
Section sec.169G
s 169G ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.170
Section sec.170
s 170 om 1998 No. 30 s 20
sec.170A
Section sec.170A
s 170A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.170B
Section sec.170B
s 170B ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.170C
Section sec.170C
s 170C ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.170D
Section sec.170D
s 170D ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.170E
Section sec.170E
s 170E ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.171
Section sec.171
s 171 amd 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.171A
Section sec.171A
s 171A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.172
Section sec.172
s 172 sub 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.172A
Section sec.172A
s 172A ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.172B
Section sec.172B
s 172B ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.172C
Section sec.172C
s 172C ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
sec.172D
Section sec.172D
s 172D ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
pt.13-div.3
sec.173
Section sec.173
s 173 om 1998 No. 30 s 20
sec.174
Section sec.174
s 174 om 1998 No. 30 s 20
sec.175
Section sec.175
s 175 om 1998 No. 30 s 20
sec.176
Section sec.176
s 176 sub 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
pt.13-div.4
sec.177
Section sec.177
s 177 om 1998 No. 30 s 20
sec.178
Section sec.178
s 178 sub 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 20
sec.179
Section sec.179
s 179 om 1998 No. 30 s 20
pt.13-div.5
sec.180
Section sec.180
s 180 om 1998 No. 30 s 20
sec.181
Section sec.181
s 181 om 1998 No. 30 s 20
pt.14
sec.182
Section sec.182
s 182 ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 20
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Native Title (Queensland) Act 1993 .
sec.2 Commencement
sec.2 Commencement
This Act (including subsections (3) and (4) of this section) commences on a day to be fixed by proclamation.
Section 15C (1) of the Acts Interpretation Act 1954 does not apply to subsections (3) and (4) of this section.
The following sections are taken to have commenced immediately after the commencement of section 1.03 of the Aboriginal Land Act 1991 —
section 157 (Amended Act)
section 158 (Amendment of s.1.03 (Definitions))
section 159 (Insertion of new s.1.04A (Meaning of native title interests ))
section 160 (Amendment of s.2.13 (Lands that are available Crown land—general))
section 161 (Amendment of s.3.06 (Existing interests))
section 162 (Amendment of s.5.08 (Existing interests)).
The following sections are taken to have commenced immediately after the commencement of section 1.04 of the Torres Strait Islander Land Act 1991 —
section 165 (Amended Act)
section 166 (Amendment of s.1.04 (Definitions))
section 167 (Insertion of new s.1.05A (Meaning of native title interests ))
section 168 (Amendment of s.2.10 (Lands that are available Crown land—general))
section 169 (Amendment of s.3.06 (Existing interests))
section 170 (Amendment of s.5.08 (Existing interests)).
(sec.2-ssec.1) This Act (including subsections (3) and (4) of this section) commences on a day to be fixed by proclamation.
(sec.2-ssec.2) Section 15C (1) of the Acts Interpretation Act 1954 does not apply to subsections (3) and (4) of this section.
(sec.2-ssec.3) The following sections are taken to have commenced immediately after the commencement of section 1.03 of the Aboriginal Land Act 1991 — section 157 (Amended Act) section 158 (Amendment of s.1.03 (Definitions)) section 159 (Insertion of new s.1.04A (Meaning of native title interests )) section 160 (Amendment of s.2.13 (Lands that are available Crown land—general)) section 161 (Amendment of s.3.06 (Existing interests)) section 162 (Amendment of s.5.08 (Existing interests)).
(sec.2-ssec.4) The following sections are taken to have commenced immediately after the commencement of section 1.04 of the Torres Strait Islander Land Act 1991 — section 165 (Amended Act) section 166 (Amendment of s.1.04 (Definitions)) section 167 (Insertion of new s.1.05A (Meaning of native title interests )) section 168 (Amendment of s.2.10 (Lands that are available Crown land—general)) section 169 (Amendment of s.3.06 (Existing interests)) section 170 (Amendment of s.5.08 (Existing interests)).
• section 157 (Amended Act)
Part 3 confirms State ownership of natural resources (s.17(1)), the right to control water flows (s.17(2)), and the supremacy of statutory fishing access rights (s.17(3)). It also confirms public access to waterways, beaches, stock routes and areas that were public places at the end of 1993 (s.18). These confirmations do not extinguish native title (s.18A, applying NTA s.212(3)).
Part 4, substantially rewritten in 1998, confirms total extinguishment by previous exclusive possession acts (ss.20–21) and partial extinguishment or suspension by previous non-exclusive possession acts (s.23). The provisions operate subject to preservation of beneficial reservations (s.24) and contain their own compensation entitlement (s.27), limited to extinguishment that would not have occurred apart from the Act.
Finally, s.144 expands compulsory acquisition powers so that native title can be acquired under any compulsory acquisition statute (even if that statute would not otherwise apply to the land), with the State ordinarily liable for compensation. The Act therefore supplies both certainty for titles granted since 1788 and a structured compensation and negotiation framework.
Who it affects
The Act directly affects any person or body holding, or seeking to deal with, an interest in land or waters in Queensland where native title may exist. Primary addressees are:
Native title holders and claimants: They are the persons whose rights are either extinguished, suppressed or preserved. They hold the statutory right to compensation under ss.15 and 27 (subject to NTA limits) and the benefit of the preservation clauses in ss.13A, 14, 14A and 24.
The State of Queensland: As the party that attributes the validated acts (NTA s.239), the State is the validator (ss.8, 8A), the confirmer of resource ownership (s.17), the payer of last resort for compensation (ss.15(2), 27(3), 144(3C)), and the holder of expanded compulsory acquisition powers (s.144).
Local governments, statutory authorities and public works constructors: Any past or intermediate period act involving public works (ss.11, 13AB, 21) triggers deemed extinguishment on completion or on 1 January 1994.
Miners and petroleum producers: Grants of mining leases are typically category C past acts or intermediate period acts (NTA ss.231, 232C). They attract the non-extinguishment principle (ss.13(2), 13AD(2)) but require notification under NTA s.22H. Future mining must comply with the “right to negotiate” or alternative State provisions.
Pastoralists and agricultural lessees: Validation of pastoral and agricultural leases as category A or B acts (ss.10, 12) or previous exclusive/non-exclusive possession acts (ss.20, 23) determines whether native title is wholly extinguished or merely suspended. Section 13A expressly protects continued Aboriginal access over validated pastoral leases.
Freehold title holders: Pre-1994 freehold grants are category A past acts that extinguish native title (s.10). Post-1994 grants may be previous exclusive possession acts under NTA s.23B.
Registered native title bodies corporate and representative bodies: They receive notification under s.26 in respect of certain previous non-exclusive possession acts and are parties to indigenous land use agreements (ILUAs) that can validate otherwise invalid future acts (s.15A).
The general public: Section 18 confirms continuing public access to beaches, waterways and stock routes, which prevails over any conflicting native title rights that are not exclusive.
Key duties and rights
Rights of native title holders:
Entitlement to compensation for validation or extinguishment (ss.15, 27; NTA ss.17, 23J).
Preservation of beneficial reservations or conditions contained in the validated act or that would have been affected by it (ss.14(2), 14A(2), 24).
Continued access over validated pastoral leases notwithstanding extinguishment (s.13A).
Right to negotiate or participate in ILUAs before future acts that affect native title (cross-referenced via NTA Part 2 Division 3 and s.15A of this Act).
Duties of the State:
To pay compensation where native title is affected by validated acts (ss.15(2), 27(3)).
To notify representative bodies, registered native title bodies corporate and claimants before certain previous non-exclusive possession acts (s.26, applying NTA s.23I).
To observe the non-extinguishment principle for category C and D acts (ss.13, 13AD).
When acquiring native title compulsorily, to ensure compensation is available and, if the acquirer is not the State, to act as payer of last resort (s.144(3B)–(3C)).
Rights of third parties:
Certainty that validated titles are “taken always to have been valid” (ss.8, 8A, 15A(2)–(3)).
Confirmation that State ownership of minerals, petroleum, quarry material and fauna is unaffected (s.17 and examples).
Public access rights confirmed under s.18.
No penalties are created by the Act itself; enforcement occurs through the civil remedies and compensation regimes of the NTA and general judicial review.
Penalties and enforcement
The Act contains no offence provisions or administrative penalties. Enforcement is civil. Native title holders may seek compensation in the Federal Court or, in limited cases, the Queensland courts. Compensation is assessed on “just terms” (NTA s.51) and may include economic loss, cultural loss and interest. Section 144(3C) makes the State liable if recovery from a private acquirer is not reasonably practicable, thereby providing a statutory guarantee.
Disputes about the existence, extent or effect of native title are determined under the NTA determination processes. Registered ILUAs are enforceable as contracts and can override the default validation and extinguishment rules (s.15A, NTA s.24EBA(6)). Judicial review of administrative decisions (for example, notification under s.26) would proceed under the Judicial Review Act 1991 (Qld) or at common law.
How it interacts with other laws
The Act is expressly parasitic on the NTA. Section 5 provides that words and expressions used in the NTA have the same meaning in this Act (except where defined in s.4). Every validation or extinguishment provision is tied to specific NTA sections: ss.19, 22F, 23E, 23I, 24EBA, 232A–232E.
It amends or is read with a suite of resource and land statutes. The definition of “State mining Act” in s.4 now includes the Mineral Resources Act 1989, Petroleum Act 1923, Petroleum and Gas (Production and Safety) Act 2004 and any prescribed Act. Validation of mining leases therefore interacts with those regimes’ grant and renewal provisions.
The Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991 are back-dated in their interaction with this Act by the retrospective commencement rules in s.2(3)–(4). Section 144 expands the Acquisition of Land Act 1967, Electricity Act 1994, State Development and Public Works Organisation Act 1971 and Transport Planning and Coordination Act 1994 so that they can reach native title even on unallocated State land.
The Land Act 1994 is expressly excluded from the definition of compulsory acquisition Act in s.144(4), preserving its own native title provisions. Where an ILUA is registered, it prevails over the default rules in this Act (s.13AE, s.15A).
Recent changes and why
The most significant changes occurred in 1998 (Act No. 30) following the Wik Peoples v Queensland (1996) 187 CLR 1 decision, which held that pastoral leases did not necessarily extinguish native title. The 1998 amendments inserted Division 2A (intermediate period acts), rewrote Part 4 to confirm extinguishment by previous exclusive possession acts (ss.19–27), added s.8A, expanded the definition of “State mining Act”, and adjusted compensation liability. These changes were required to bring Queensland within the “validation” and “confirmation” regimes of the 1998 NTA amendments (the “Ten Point Plan”).
Subsequent minor updates aligned the Act with new resource legislation (Petroleum and Gas (Production and Safety) Act 2004) and updated compulsory acquisition statutes (2008, 2014 amendments to s.144). The 1994 amendments (Act No. 61) had already inserted many of the original cross-references and the preservation clauses now found in ss.13A, 14 and 18A. No major legislative changes have occurred since 2014, but the Act continues to be interpreted in light of evolving High Court jurisprudence on extinguishment.
Court challenges and controversies
The Act has been central to several landmark cases. Wik itself prompted the 1998 rewrite. In Western Australia v Ward (2002) 213 CLR 1 the High Court considered the effect of pastoral leases and public works on native title; Queensland’s validation provisions were scrutinised for compliance with NTA s.23. Griffiths v Minister for Lands, Planning and Environment (2008) 235 CLR 232 upheld the Northern Territory’s compulsory acquisition legislation; the reasoning has been applied to s.144.
Controversy persists around the breadth of “previous exclusive possession acts”. Pastoralists argue that any lease granting exclusive possession should wholly extinguish native title; native title claimants contend that s.13A and the non-extinguishment principle preserve subsurface and access rights. The interaction between State resource ownership (s.17) and native title rights to minerals or water remains unsettled in some respects, although the High Court in Commonwealth v Yarmirr (2001) 208 CLR 1 confirmed that native title cannot be exclusive in tidal waters.
ILUAs have largely replaced litigation as the preferred dispute resolution mechanism, but disagreements over the adequacy of compensation and the identification of “category A” acts continue to generate Federal Court proceedings.
Gotchas
Most practitioners assume that a pre-1975 freehold grant automatically extinguishes native title. While that is generally true under s.10 or s.20, the preservation clauses in ss.14 and 24 can keep alive beneficial reservations or non-native title rights (for example, a statutory right to hunt or a reserve for Aboriginal use). The “gotcha” is that these rights survive even though the native title itself is extinguished.
Another trap is the retrospective operation of the 1998 amendments. Sections 8A, 13AA–13AE and the new Part 4 are deemed to have validated acts from their original dates, but only if the act falls within the precise NTA definitions. A mining lease granted in 1985 that was not a “past act” because it was valid at the time may still be caught as an “intermediate period act” if it falls between 1 January 1994 and 23 December 1996.
Section 13A is frequently overlooked. Even where a pastoral lease has extinguished native title, Aboriginal persons who reside on or exercise access over the land cannot be ejected solely on the basis of that extinguishment. This statutory overlay on common-law trespass rights is unique to Queensland’s validation scheme.
Compensation is payable by the State under ss.15(2) and 27(3), but only “subject to” the NTA. If the native title was already extinguished at common law before the validated act, no additional compensation arises (s.27(2)). Proving the counterfactual can be evidentiary quicksand.
Finally, s.146 provides that a reference in a section heading to an NTA provision “does not form part of this Act”. Yet many headings still contain those references; courts have treated them as persuasive context but not as operative text.
How to comply
Due diligence on title history: For any dealing with Queensland land, obtain a search that identifies all grants, leases or public works between 1788 and 1 January 1994 (or up to 23 December 1996 for intermediate period acts). Classify each as category A–D or previous exclusive/non-exclusive possession act by reference to NTA ss.229–232, 23B and 23F.
Assess extinguishment: Apply ss.10–13 and 13AA–13AD sequentially. If the non-extinguishment principle applies, record that native title rights are suppressed but may revive on surrender or expiry of the inconsistent interest.
Check preservation clauses: Examine the original grant instrument for any reservation or condition benefiting Aboriginal or Torres Strait Islander peoples. These survive under ss.14, 14A and 24 even if native title is otherwise extinguished.
ILUA or right to negotiate: For future acts, determine whether the “right to negotiate” (NTA Part 2 Div 3) or an alternative State provision applies. Negotiate and register an ILUA wherever possible; registration under s.15A can validate past invalid acts retrospectively.
Compensation budgeting: Factor in State liability. Where a private proponent is acquiring native title under s.144, obtain an indemnity or direct State confirmation that the proponent will not be left bearing unrecoverable compensation.
Notification: For previous non-exclusive possession acts falling within NTA s.23F(3)(c)(ii), ensure written notice is given in the form decided by the Commonwealth Minister and that representative bodies are afforded an opportunity to comment (s.26).
Record keeping: Maintain a register of validated acts, extinguishment outcomes and any ILUAs. This is essential for due diligence in later transactions and for defending compensation claims.
Seek specialist advice: Because the legislation cross-references 30+ NTA definitions and has been amended more than a dozen times, engage counsel familiar with both Commonwealth and Queensland native title jurisprudence before undertaking significant resource or infrastructure projects.
Compliance is not merely mechanical; it requires a nuanced understanding of the interplay between historical grants, statutory validation, common-law extinguishment tests and the protective carve-outs that Parliament deliberately retained.
Section sec.5Words and expressions used in Commonwealth Native Title Act
• section 159 (Insertion of new s.1.04A (Meaning of native title interests ))
• section 160 (Amendment of s.2.13 (Lands that are available Crown land—general))
• section 161 (Amendment of s.3.06 (Existing interests))
• section 162 (Amendment of s.5.08 (Existing interests)).
• section 165 (Amended Act)
• section 166 (Amendment of s.1.04 (Definitions))
• section 167 (Insertion of new s.1.05A (Meaning of native title interests ))
• section 168 (Amendment of s.2.10 (Lands that are available Crown land—general))
• section 169 (Amendment of s.3.06 (Existing interests))
• section 170 (Amendment of s.5.08 (Existing interests)).
sec.3 Objects of Act
sec.3 Objects of Act
The main objects of the Commonwealth Native Title Act are—
to provide for the recognition and protection of native title; and
to establish ways in which future dealings affecting native title may proceed and to set standards for the dealings; and
to establish a mechanism for determining claims to native title; and
to provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title.
The main objects of this Act are—
in accordance with the Commonwealth Native Title Act , to validate past acts, and intermediate period acts, invalidated because of the existence of native title and to confirm certain rights; and
to ensure that Queensland law is consistent with standards set by the Commonwealth Native Title Act for future dealings affecting native title.
s 3 amd 1998 No. 30 s 4 ; 1998 No. 38 s 14
(sec.3-ssec.1) The main objects of the Commonwealth Native Title Act are— to provide for the recognition and protection of native title; and to establish ways in which future dealings affecting native title may proceed and to set standards for the dealings; and to establish a mechanism for determining claims to native title; and to provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title.
(sec.3-ssec.2) The main objects of this Act are— in accordance with the Commonwealth Native Title Act , to validate past acts, and intermediate period acts, invalidated because of the existence of native title and to confirm certain rights; and to ensure that Queensland law is consistent with standards set by the Commonwealth Native Title Act for future dealings affecting native title.
(a) to provide for the recognition and protection of native title; and
(b) to establish ways in which future dealings affecting native title may proceed and to set standards for the dealings; and
(c) to establish a mechanism for determining claims to native title; and
(d) to provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title.
(a) in accordance with the Commonwealth Native Title Act , to validate past acts, and intermediate period acts, invalidated because of the existence of native title and to confirm certain rights; and
(b) to ensure that Queensland law is consistent with standards set by the Commonwealth Native Title Act for future dealings affecting native title.
sec.4 Definitions
sec.4 Definitions
In this Act—
accepted application ...
s 4 def accepted application om 1998 No. 30 s 5
accepted application notice ...
s 4 def accepted application notice sub 1995 No. 30 s 2 sch
om 1998 No. 30 s 5
alternative provisions ...
s 4 def alternative provisions om 1994 No. 61 s 2 sch 2
claimant application ...
s 4 def claimant application om 1998 No. 30 s 5
Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth) .
s 4 def Commonwealth Native Title Act sub 1998 No. 30 s 5
compensation application ...
s 4 def compensation application sub 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 5
Land Tribunal ...
s 4 def Land Tribunal om 1998 No. 30 s 5
lawyer ...
s 4 def lawyer om 1998 No. 30 s 5
mediation conference ...
s 4 def mediation conference om 1998 No. 30 s 5
member ...
s 4 def member om 1998 No. 30 s 5
National Registrar ...
s 4 def National Registrar om 1998 No. 30 s 5
native title determination application ...
s 4 def native title determination application om 1998 No. 30 s 5
Native Title Register ...
s 4 def Native Title Register om 1998 No. 30 s 5
non-claimant application ...
s 4 def non-claimant application om 1998 No. 30 s 5
NTA , in a section heading, means the Commonwealth Native Title Act .
s 4 def NTA sub 1998 No. 30 s 5
potentially affected person ...
s 4 def potentially affected person om 1998 No. 30 s 5
President ...
s 4 def President om 1998 No. 30 s 5
presidential member ...
s 4 def presidential member om 1998 No. 30 s 5
registered native title body corporate ...
s 4 def registered native title body corporate ins 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 5
registered native title claimant ...
s 4 def registered native title claimant ins 1994 No. 61 s 2 sch 2
om 1998 No. 30 s 5
registered native title holder ...
s 4 def registered native title holder om 1994 No. 61 s 2 sch 1
Registrar ...
s 4 def Registrar om 1998 No. 30 s 5
revised native title determination application ...
s 4 def revised native title determination application amd 1994 No. 61 s 2 sch 1
om 1998 No. 30 s 5
right to negotiate application ...
s 4 def right to negotiate application om 1998 No. 30 s 5
special issue ...
s 4 def special issue om 1998 No. 30 s 5
State Compulsory Acquisition Act ...
s 4 def State Compulsory Acquisition Act om 1998 No. 30 s 5
State Mining Act ...
s 4 def State Mining Act om 1998 No. 30 s 5
State mining Act means any of the following Acts—
Mineral Resources Act 1989
Petroleum Act 1923
Petroleum and Gas (Production and Safety) Act 2004
an Act prescribed by regulation.
s 4 def State mining Act ins 1998 No. 30 s 5
amd 2004 No. 25 s 1031
Tribunal ...
s 4 def Tribunal om 1998 No. 30 s 5
tribunal ...
s 4 def tribunal ins 1999 No. 7 s 87 sch 3
om 2007 No. 39 s 41 sch
unopposed application ...
s 4 def unopposed application om 1998 No. 30 s 5
Wardens Court ...
s 4 def Wardens Court sub 1998 No. 30 s 5
om 1999 No. 7 s 87 sch 3
s 4 sub 1998 No. 30 s 5
• Mineral Resources Act 1989
• Petroleum Act 1923
• Petroleum and Gas (Production and Safety) Act 2004
• an Act prescribed by regulation.
sec.5 Words and expressions used in Commonwealth Native Title Act
sec.5 Words and expressions used in Commonwealth Native Title Act
Words and expressions used in the Commonwealth Native Title Act and this Act have the same meanings in this Act as they have in the Commonwealth Native Title Act .
Section 222 of the Commonwealth Native Title Act sets out a list of definitions used in that Act.
Subsection (1) applies except so far as the context or subject matter otherwise indicates or requires.
However, subsection (1) does not apply to a word or expression defined in section 4 (Definitions).
(sec.5-ssec.1) Words and expressions used in the Commonwealth Native Title Act and this Act have the same meanings in this Act as they have in the Commonwealth Native Title Act . Section 222 of the Commonwealth Native Title Act sets out a list of definitions used in that Act.
(sec.5-ssec.2) Subsection (1) applies except so far as the context or subject matter otherwise indicates or requires.
(sec.5-ssec.3) However, subsection (1) does not apply to a word or expression defined in section 4 (Definitions).
sec.6 Act binds all persons
sec.6 Act binds all persons
This Act binds all persons, including the State.
pt.2 Validation and its effects
Validation and its effects
pt.2-div.1 General
General
sec.7 Object of part
sec.7 Object of part
The object of this part is to—
validate, under section 19 of the Commonwealth Native Title Act , past acts attributable to the State; and
An act is defined in the Commonwealth Native Title Act , section 226 .
A past act is defined in the Commonwealth Native Title Act , section 228 .
An act attributable to the State is defined in the Commonwealth Native Title Act , section 239 .
validate, under section 22F of the Commonwealth Native Title Act , intermediate period acts attributable to the State; and
For what is an intermediate period act , see the Commonwealth Native Title Act , section 232A . There are 4 categories of intermediate period acts, called category A, B, C and D intermediate period acts. They are defined in sections 232B to 232E and deal with a number of things, including leasehold and freehold interests in land, other interests in land and waters, and public works.
provide for the effects of the validation.
The object of this part is also to validate, under section 24EBA (3) of the Commonwealth Native Title Act , certain future acts.
s 7 amd 1994 No. 61 s 2 sch 1 ; 1998 No. 30 s 6 ; 1999 No. 35 s 49
(sec.7-ssec.1) The object of this part is to— validate, under section 19 of the Commonwealth Native Title Act , past acts attributable to the State; and An act is defined in the Commonwealth Native Title Act , section 226 . A past act is defined in the Commonwealth Native Title Act , section 228 . An act attributable to the State is defined in the Commonwealth Native Title Act , section 239 . validate, under section 22F of the Commonwealth Native Title Act , intermediate period acts attributable to the State; and For what is an intermediate period act , see the Commonwealth Native Title Act , section 232A . There are 4 categories of intermediate period acts, called category A, B, C and D intermediate period acts. They are defined in sections 232B to 232E and deal with a number of things, including leasehold and freehold interests in land, other interests in land and waters, and public works. provide for the effects of the validation.
(sec.7-ssec.2) The object of this part is also to validate, under section 24EBA (3) of the Commonwealth Native Title Act , certain future acts.
(a) validate, under section 19 of the Commonwealth Native Title Act , past acts attributable to the State; and Editor’s note— An act is defined in the Commonwealth Native Title Act , section 226 . A past act is defined in the Commonwealth Native Title Act , section 228 . An act attributable to the State is defined in the Commonwealth Native Title Act , section 239 .
(b) validate, under section 22F of the Commonwealth Native Title Act , intermediate period acts attributable to the State; and Editor’s note— For what is an intermediate period act , see the Commonwealth Native Title Act , section 232A . There are 4 categories of intermediate period acts, called category A, B, C and D intermediate period acts. They are defined in sections 232B to 232E and deal with a number of things, including leasehold and freehold interests in land, other interests in land and waters, and public works.
(c) provide for the effects of the validation.
sec.8 Validation of past acts attributable to State
sec.8 Validation of past acts attributable to State
Every past act attributable to the State is valid, and is taken always to have been valid.
sec.8A Validation of intermediate period acts attributable to State
sec.8A Validation of intermediate period acts attributable to State
Every intermediate period act attributable to the State is valid, and is taken always to have been valid.
s 8A ins 1998 No. 30 s 7
sec.9 Application of remaining provisions of part
sec.9 Application of remaining provisions of part
The remaining provisions of this part, other than division 4 , apply—
to a past act attributable to the State that is validated by section 8 ; and
to an intermediate period act attributable to the State that is validated by section 8A .
s 9 amd 1998 No. 30 s 8 ; 1999 No. 35 s 50
(a) to a past act attributable to the State that is validated by section 8 ; and
(b) to an intermediate period act attributable to the State that is validated by section 8A .
pt.2-div.2 Effect of validation of past acts on native title
Effect of validation of past acts on native title
sec.10 Category A past acts that are not public works
sec.10 Category A past acts that are not public works
This section applies if the pa
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