Native Title Act 1993

This section defines the expression category A past act.

A past act consisting of the grant of a freehold estate is a category A past act if:

either:

the grant was made before 1 January 1994 and the estate existed on 1 January 1994; or

the grant was made on or after 1 January 1994 and it is a past act because subsection 228(3) (which deals with such things as the exercise of options) or 228(9) (which deals with other extensions etc. of earlier acts) applies; and

the grant is not:

a grant by the Crown in any capacity to the Crown, or to a statutory authority of the Crown, in any capacity; or

a grant made by or under legislation that grants freehold estates only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders.

A past act consisting of the grant of:

a commercial lease, an agricultural lease, a pastoral lease or a residential lease; or

what is taken by subsection 245(3) (which deals with the dissection of mining leases into certain other leases) to be a separate lease in respect of land or waters mentioned in paragraph (a) of that subsection;

either:

the grant was made before 1 January 1994 and the lease was in force on 1 January 1994; or

the grant was made on or after 1 January 1994 and it is a past act because subsection 228(3) or (9) applies; and

the grant is not:

a grant by the Crown in any capacity to the Crown, or to a statutory authority of the Crown, in any capacity; or

a grant made by or under legislation that grants leases only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

a grant over land or waters that, on 1 January 1994, are Aboriginal/Torres Strait Islander land or waters.

A past act consisting of the construction or establishment of any public work is a category A past act if:

the work commenced to be constructed or established before 1 January 1994 and the construction or establishment had not been completed by that day; or

the work was constructed or established before 1 January 1994 and still existed on that day; or

the work was constructed or established on or after 1 January 1994 and the construction or establishment is a past act because subsection 228(9) applies.