Effect of previous non-exclusive possession acts attributable to the State
36I Effect of previous non-exclusive possession acts attributable to the State
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, re-made, re‑granted or extended, is in force; and
any extinguishment under this subsection is taken to have happened when the act was done.1
This section does not apply to a previous non-exclusive possession act that is a category A past act consisting of the grant of a pastoral lease or an agricultural lease.2
Editorial
Notes—
1 See sections 23I and 23G(1) NTA. A previous non-exclusive possession act is defined in section 23F NTA. An act attributable to the State is defined in section 239 NTA and, for certain purposes, section 23JA NTA.
2 See section 23G(2) NTA.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.