Confirmation of extinguishment of native title by previous exclusive possession acts of Commonwealth
23C Confirmation of extinguishment of native title by previous exclusive possession acts of Commonwealth
Acts other than public works
If an act is a previous exclusive possession act under subsection 23B(2) (including because of subsection 23B(3)) and is attributable to the Commonwealth:
the act extinguishes any native title in relation to the land or waters covered by the freehold estate, Scheduled interest or lease concerned; and
the extinguishment is taken to have happened when the act was done.
Public works
If an act is a previous exclusive possession act under subsection 23B(7) (which deals with public works) and is attributable to the Commonwealth:
the act extinguishes native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated; and
the extinguishment is taken to have happened when the construction or establishment of the public work began.
Other extinguishment provisions do not apply
If this section applies to the act, sections 15 and 22B do not apply to the act.
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