Native Title Act 1993

If this Subdivision applies to a future act:

subject to Subdivision P (which deals with the right to negotiate), the act is valid; and

Subdivision P applies only to certain renewals of mining leases etc.: see subsections 26(1A) and 26D(1).

if the act consists of the grant of a freehold estate, or the conferral of a right of exclusive possession, over particular land or waters—the act extinguishes any native title in relation to the land or waters; and

The only acts to which this paragraph applies are certain acts covered by section 24IB.

in any other case—the non‑extinguishment principle applies to the act; and

in any case—the native title holders are entitled to compensation for the act in accordance with Division 5.

The compensation is payable by:

if the act is attributable to the Commonwealth—the Crown in right of the Commonwealth; or

if the act is attributable to a State or Territory—the Crown in right of the State or Territory.

If paragraph (1)(b) applied in relation to the future act, then, before the act is done, the person proposing to do the act must:

notify, in the way determined, by legislative instrument, by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters that will be affected by the act that the act, or acts of that class, are to be done in relation to the land or waters concerned; and

give them an opportunity to comment on the act or class of acts.

If:

the act is a permissible lease etc. renewal of a non‑exclusive agricultural lease (see section 247B) or a non‑exclusive pastoral lease (see section 248B); and

the act is covered by paragraph 24IC(4)(b) or (c);

if the act is attributable to the Commonwealth—the Commonwealth; or

if the act is attributable to a State or Territory—that State or Territory.