Preservation of beneficial reservations and conditions
38 Preservation of beneficial reservations and conditions
If—
a past act, intermediate period act, previous exclusive possession act, or previous non-exclusive possession act, attributable to the
State contains a reservation or condition for the benefit of
Aboriginal peoples; or
the doing of the act would affect rights or interests (other than rights conferred by native title) of Aboriginal peoples (whether arising under legislation, at common law or in equity and whether or not rights of usage), nothing in this Act affects that reservation or condition or those rights or interests.1
Editorial
Note—
1 See sections 19 and 16 NTA; sections 22F and 22C NTA; 23E and
23D NTA; sections 23I and 23H NTA. An act attributable to the State is defined in section 239 NTA and, for certain purposes, section 23JA NTA.
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