Native Title Act 1993

Subsection (2) applies if:

the exercise or enjoyment of native title rights and interests in relation to land or waters consists of or includes carrying on a particular class of activity (defined in subsection (3)); and

a law of the Commonwealth, a State or a Territory prohibits or restricts persons from carrying on the class of activity other than in accordance with a licence, permit or other instrument granted or issued to them under the law; and

the law does not provide that such a licence, permit or other instrument is only to be granted or issued for research, environmental protection, public health or public safety purposes; and

the law is not one that confers rights or interests only on, or for the benefit of, Aboriginal peoples or Torres Strait Islanders.

If this subsection applies, the law does not prohibit or restrict the native title holders from carrying on the class of activity, or from gaining access to the land or waters for the purpose of carrying on the class of activity, where they do so:

for the purpose of satisfying their personal, domestic or non‑commercial communal needs; and

in exercise or enjoyment of their native title rights and interests.

In carrying on the class of activity, or gaining the access, the native title holders are subject to laws of general application.

Each of the following is a separate class of activity:

hunting;

fishing;

gathering;

a cultural or spiritual activity;

any other kind of activity prescribed for the purpose of this paragraph.