NATIVE TITLE ACT 1993 - SECT 232B Category A intermediate period act

NATIVE TITLE ACT 1993 - SECT 232B

  (1)   This section defines the expression category A intermediate period act .

Grant of freehold estates

  (2)   An intermediate period act consisting of the grant or vesting of a freehold estate is a category A intermediate period act .

Grant of certain leases etc.

  (3)   An intermediate period act consisting of the grant or vesting of:

  (a)   a Scheduled interest (see section   249C); or

  (b)   a commercial lease that is neither an agricultural lease nor a pastoral lease; or

  (c)   an exclusive agricultural lease (see section   247A) or an exclusive pastoral lease (see section   248A); or

  (d)   a residential lease; or

  (e)   a community purposes lease (see section   249A); or

  (f)   what is taken by subsection   245(3) (which deals with the dissection of mining leases into certain other leases) to be a separate lease in respect of land or waters mentioned in paragraph   (a) of that subsection, assuming that the reference in subsection   245(2) to "1   January 1994" were instead a reference to "24   December 1996"; or

  (g)   any lease (other than a mining lease) that confers a right of exclusive possession over particular land or waters;

is a category A intermediate period act .

Vesting of certain land or waters

  (4)   If:

  (a)   an intermediate period act is done by or under legislation of a State or a Territory; and

  (b)   the intermediate period act consists of the vesting of particular land or waters in any person; and

  (c)   a right of exclusive possession of the land or waters is expressly or impliedly conferred on the person by or under the legislation;

the intermediate period act is a category A intermediate period act .

Construction of public works

  (7)   An intermediate period act consisting of the construction or establishment of any public work is a category A intermediate period act .

  (8)   An intermediate period act is not a category A intermediate period act if it is:

  (a)   the grant or vesting of any thing that is made or done by or under legislation that makes provision for the grant or vesting of such things only to, in or for the benefit of, Aboriginal peoples or Torres Strait Islanders; or

  (b)   the grant or vesting of any thing expressly for the benefit of, or to or in a person to hold on trust expressly for the benefit of, Aboriginal peoples or Torres Strait Islanders; or

  (c)   the grant or vesting of any thing over particular land or waters, if at the time a thing covered by paragraph   (a) or (b) is in effect in relation to the land or waters.

Exclusion by regulation

  (9)   The regulations may provide that an act is not a category A intermediate period act .