Continuation of validation of certain secondary interests
28 Continuation of validation of certain secondary interests
Without limiting section 30 of the Interpretation Act 1987, each of the following remains unaffected by the repeal of the Crown Lands Act 1989—
any validation by clause 59 of Schedule 8 (the former validation clause) to the Crown Lands Act 1989 of an existing secondary interest (as defined by that clause),
any conclusive presumption in respect of those interests provided by the former validation clause,
the application of section 104A (Saving of native title rights and interests etc) of the Native Title (New South Wales) Act 1994 to the validation of any interest by operation of section 34AA of the Crown Lands Act 1989 and the former validation clause.
The power of the Minister under section 2.19 to validate a secondary interest as referred to in that section extends to an existing secondary interest (as defined by the former validation clause).
A reference in section 2.19 to the use of Crown land in accordance with the secondary interest before its validation under that section extends to use and occupation before the commencement of that section.
This clause extends to the operation of section 2.19 in its application to Crown land managers because of section 3.17.
However, this clause continues not to affect—
any decision of a court made before the commencement of section 34AA of the Crown Lands Act 1989, or
any land claim (within the meaning of the Aboriginal Land Rights Act 1983) made before 9 November 2012 (the date of the decision in Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council (Goomallee Claim)[2012] NSWCA 358).
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.