Native Title Act 1993

A future act is a permissible lease etc. renewal if:

it is:

the renewal; or

the re‑grant or re‑making; or

the extension of the term;

any of the following subparagraphs applies:

the original lease etc. was granted on or before 23 December 1996;

the grant of the original lease etc. was a permissible lease etc. renewal or a pre‑existing right‑based act;

the original lease etc. was created by an act covered by section 24GB, 24GD, 24GE or 24HA (which deal with certain acts in relation to primary production activities or involving management or regulation of water and airspace); and

the future act does not:

confer a right of exclusive possession over any of the land or waters covered by the original lease etc.; or

otherwise create a larger proprietary interest in the land or waters than was created by the original lease etc.; or

create a proprietary interest over any of the land or waters covered by the original lease etc., where the original lease etc. created only a non‑proprietary interest; or

if the original lease etc. was a non‑exclusive pastoral lease covering an area greater than 5,000 hectares and the majority of the area covered was not required or permitted to be used for purposes other than pastoral purposes—have the effect that the majority of the area covered by the renewed, re‑granted, re‑made or extended lease is required or permitted to be used for purposes other than pastoral purposes; and

if the original lease etc. contains, or is subject to, a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders—the renewed, re‑granted, re‑made or extended lease, licence, permit or authority contains, or is subject to, the same reservation or condition; and

if the original lease etc. did not permit mining—the renewed, re‑granted, re‑made or extended lease, licence, permit or authority does not permit mining.

If 2 or more leases, licences, permits or authorities are granted in place of, respectively, a single lease, licence, permit or authority, then, for the purposes of subsection (1), each of the 2 or more grants is taken to be a renewal of the single lease, licence, permit or authority.

If a single lease, licence, permit or authority is granted in place of, respectively, 2 or more leases, licences, permits or authorities (the original leases etc.), then:

for the purpose of subsection (1), the single grant is taken to be a renewal of the original leases etc.; and

paragraphs (1)(b) to (e) apply as if a reference in those paragraphs to the original lease etc. were a reference to the original leases etc.

The features listed in subsection (4) do not prevent:

an act from being the renewal, re‑grant, re‑making, or extension of the term, of a lease, licence, permit or authority (the old authority) for the purposes of subsection (1) (the renewed, re‑granted, re‑made or extended lease, licence, permit or authority being the new authority); or

2 or more leases, licences, permits or authorities (each of which is a new authority) from being granted in place of a single lease, licence, permit or authority (the old authority) for the purposes of subsection (2).

The features are as follows:

the new authority, or the new authorities together, cover a smaller area than the old authority;

the term of the new authority, or of any of the new authorities, is longer than the term of the old authority;

the new authority or any of the new authorities is a perpetual lease (other than a mining lease);

if the new authority or any of the new authorities is a non‑exclusive agricultural lease or a non‑exclusive pastoral lease—the new authority permits or requires the carrying on of an activity that the old authority did not permit or require and that consists of:

a primary production activity (see section 24GA); or

another activity, on the area covered by the new authority or of any of the new authorities, that is associated with or incidental to a primary production activity, provided that, when the other activity is being carried on, the use of the majority of the area covered by the new authority, or the new authorities together, will be for primary production activities.