NATIVE TITLE ACT 1993 - SECT 24MB Non - legislative acts
NATIVE TITLE ACT 1993 - SECT 24MB
Non - legislative acts(1) This Subdivision applies to a future act if:
(a) it is an act other than the making, amendment or repeal of legislation; and
(i) the act could be done in relation to the land concerned if the native title holders concerned instead held ordinary title to it; or
(ii) the act could be done in relation to the waters concerned if the native title holders concerned held ordinary title to the land adjoining, or surrounding, the waters; and
(c) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be:
(i) in the area to which the act relates; and
(ii) of particular significance to Aboriginal peoples or Torres Strait Islanders in accordance with their traditions.
Example: An example of a future act covered by this subsection is the grant of a mining lease over land in relation to which there is native title when a mining lease would also be able to be granted over the land if the native title holders instead held ordinary title to it.
(2) This Subdivision also applies to a future act if:
(a) it is an act other than the making, amendment or repeal of legislation; and
(b) it is not covered by subsection (1); and
(c) it consists of the creation or variation of a right to mine for opals or gems; and
(d) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be:
(i) in the area to which the act relates; and
(ii) of particular significance to Aboriginal peoples or Torres
Strait Islanders in accordance with their traditions.