Native Title (Queensland) Act 1993

Subject to subsection (2), if a previous non-exclusive possession act is attributable to the State—

to the extent that the act involves the grant of rights and interests that are not inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned, the rights and interests granted, and the doing of any activity in giving effect to them, prevail over the native title rights and interests but do not extinguish them; and

to the extent that the act involves the grant of rights and interests that are inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned—

if, apart from this Act, the act extinguishes the native title rights and interests—the native title rights and interests are extinguished; and

in any other case—the native title rights and interests are suspended while the lease concerned, or the lease as renewed, remade, regranted, or extended, is in force; and

any extinguishment under this subsection is taken to have happened when the act was done.

This section does not apply if the act is the grant of a pastoral lease or an agricultural lease to which section 10 applies.

If this section applies to an act, sections 10 to 13AE do not apply to the act.