Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 15

  (1)   If a past act is an act attributable to the Commonwealth:

  (a)   if it is a category A past act other than one to which subsection   229(4) (which deals with public works) applies--the act extinguishes the native title concerned; and

  (b)   if it is a category A past act to which subsection   229(4) applies:

  (i)   in any case--the act extinguishes the 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; and

  (ii)   if paragraph   229(4)(a) applies--the extinguishment is taken to have happened on 1   January 1994; and

  (c)   if it is a category B past act that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned--the act extinguishes the native title to the extent of the inconsistency; and

  (d)   if it is a category C past act or a category D past act--the non - extinguishment principle applies to the act.

Note:   This subsection does not apply to the act if section   23C or 23G applies to the act.

  (2)   The extinguishment effected by this section does not by itself confer any right to eject or remove any Aboriginal persons who reside on or who exercise access over land or waters covered by a pastoral lease the grant, re - grant or extension of which is validated by section   14.