Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 23C

Acts other than public works

  (1)   If an act is a previous exclusive possession act under subsection   23B(2) (including because of subsection   23B(3)) and is attributable to the Commonwealth:

  (a)   the act extinguishes any native title in relation to the land or waters covered by the freehold estate, Scheduled interest or lease concerned; and

  (b)   the extinguishment is taken to have happened when the act was done.

Public works

  (2)   If an act is a previous exclusive possession act under subsection   23B(7) (which deals with public works) and is attributable to the Commonwealth:

  (a)   the act 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; and

  (b)   the extinguishment is taken to have happened when the construction or establishment of the public work began.

Other extinguishment provisions do not apply

  (3)   If this section applies to the act, sections   15 and 22B do not apply to the act.