44H

Rights conferred by valid leases etc

In force

To avoid doubt, if:

(a)

the grant, issue or creation of a lease, licence, permit or authority is valid (including because of any provision of this Act); and

(b)

the lease, licence, permit or authority requires or permits the doing of any activity (whether or not subject to any conditions); and

(ba)

an activity is done in accordance with the lease, licence, permit or authority and any such conditions;

then:

(c)

the requirement or permission, and the doing of the activity, prevail over any native title rights and interests and any exercise of those rights and interests, but do not extinguish them; and

(d)

the existence and exercise of the native title rights and interests do not prevent the doing of the activity; and

(e)

native title holders are not entitled to compensation under this Act for the doing of the activity.

Note 1:

Any compensation to which the native title holders may be entitled under this Act for the grant of the lease, licence, permit or authority may take into account the doing of the activity.

Note 2:

This section is not intended to imply that the person carrying on the activity is not subject to the laws of a State or Territory.

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