Validation (Native Title) Act 1994

This Act may be cited as the Validation (Native Title) Act 1994.

This Act binds the Crown not only in right of the Territory but, to the extent that the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

In this Act Commonwealth Act means the Native

Titles Act 1993 of the Commonwealth.

Unless the contrary intention appears, a word or expression used in the Commonwealth Act has the same meaning in this Act as it has in the Commonwealth Act.

For the purposes of this Act, a previous exclusive possession act is a previous exclusive possession act within the meaning of section 23B of the Commonwealth Act, which meaning in so far as it relates to the Territory is set out in Schedules 1 and 2 to this

Act.

In the event of an inconsistency between section 23B of the

Commonwealth Act and Schedule 1 to this Act or between Schedule 1 to the Commonwealth Act and Schedule 2 to this Act, section 23B or

Schedule 1 of the Commonwealth Act (as the case may be) prevails.

For the purposes of this Act, a previous non-exclusive possession act is a previous non-exclusive possession act within the meaning of section 23F of the Commonwealth Act, which meaning in so far as it relates to the Territory is set out in Schedule 3 to this

Act.

In the event of an inconsistency between section 23F of the

Commonwealth Act and Schedule 3 to this Act, section 23F of the

Commonwealth Act prevails.

To avoid doubt, native title or native title rights and interests may have been extinguished other than by this Act.

Part 2 Validation of acts attributable to the Territory

Every past act attributable to the Territory is valid and is taken always to have been valid.

Every intermediate period act attributable to the Territory is valid and is taken always to have been valid.

Part 3 Effect of validation of certain past acts

This Part applies to past acts to which Parts 3B and 3C do not apply.

A category A past act, that is not a past act to which section 229(4) (which deals with public works) of the Commonwealth Act applies, extinguishes native title concerned.

A category A past act to which section 229(4) of the

Commonwealth Act applies extinguishes native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated.

If section 229(4)(a) (which deals with works completed after

1 January 1994) of the Commonwealth Act applies to the past act, the extinguishment is taken to have happened on 1 January 1994.

A category B past act wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned, extinguishes the native title to the extent of the inconsistency.