Scheduled interest
249C Scheduled interest
A Scheduled interest is:
anything set out in Schedule 1, other than a mining lease or anything whose grant or vesting is covered by subsection 23B(9), (9A), (9B), (9C) or (10) (which provide that certain acts are not previous exclusive possession acts); or
an interest, in relation to land or waters, of a type declared by a regulation for the purposes of this paragraph to be a Scheduled interest.
Regulations to cover single type of interest only
A particular regulation only has effect for the purposes of paragraph (1)(b) if it covers a single type of interest.
Regulations to cover exclusive possession interests only
Before the Governor‑General makes a regulation for the purposes of paragraph (1)(b) declaring a particular interest to be a Scheduled interest, the Minister must be satisfied that the interest confers a right of exclusive possession that extinguishes all native title rights and interests over the land or waters concerned.
This provision refers to the regulations (a regulation
). Made under this Act:
- Native Title (Prescribed Bodies Corporate) Regulations 1999 · under s 59 and 215
- Native Title (Representative Bodies — Audit of Financial Statements) Regulations 2005 · under s 203DC and 215(1)
11 more instruments made under this Act are listed on the Act’s overview.
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