Native Title (Tasmania) Act 1994

Native Title (Tasmania) Act 1994

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

This Act commences on a day to be proclaimed.

In this Act, Commonwealth Act means the Native Title 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.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

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

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.

The non-extinguishment principle applies to all category C and D past acts.

An extinguishment effected by this Part does not of itself confer a right to eject or remove an Aboriginal person who resides on or who exercises access over land or water covered by a pastoral lease the grant, re-grant or extension of which is validated by Part 2.

If –

a past 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 native title rights and interests) of Aboriginal peoples (whether arising under legislation, at common law or in equity and whether or not rights of usage) –

nothing in Part 3 affects that reservation or condition or those rights or interests.