NATIVE TITLE ACT 1993 - SECT 225 Determination of native title

NATIVE TITLE ACT 1993 - SECT 225

    A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area ) of land or waters and, if it does exist, a determination of:

  (a)   who the persons, or each group of persons, holding the common or group rights comprising the native title are; and

  (b)   the nature and extent of the native title rights and interests in relation to the determination area; and

  (c)   the nature and extent of any other interests in relation to the determination area; and

  (d)   the relationship between the rights and interests in paragraphs   (b) and (c) (taking into account the effect of this Act); and

  (e)   to the extent that the land or waters in the determination area are not covered by a non - exclusive agricultural lease or a non - exclusive pastoral lease--whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.

Note:   The determination may deal with the matters in paragraphs   (c) and (d) by referring to a particular kind or particular kinds of non - native title interests.