A notification under the Public Works Act 1912 (NSW) vesting land in the Crown in right of another State for an estate in fee simple constitutes a 'previous exclusive possession act' under s 23B(2) of the Native Title Act 1993 (Cth) and extinguishes native title. An intergovernmental agreement ratified by legislation does not of itself confer proprietary rights on third parties or qualify the statutory vesting so as to preserve native title rights.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.