Commonwealth Consolidated Acts

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Future acts

             (1)  This Division deals mainly with future acts, which are defined in section 233. Acts that do not affect native title are not future acts ; therefore this Division does not deal with them (see section 227 for the meaning of acts that affect native title).

Validity of future acts

             (2)  Basically, this Division provides that, to the extent that a future act affects native title, it will be valid if covered by certain provisions of the Division, and invalid if not.

Validity under indigenous land use agreements

             (3)  A future act will be valid if the parties to certain agreements (called indigenous land use agreements--see Subdivisions B, C and D) consent to it being done and, at the time it is done, details of the agreement are on the Register of Indigenous Land Use Agreements. An indigenous land use agreement, details of which are on the Register, may also validate a future act (other than an intermediate period act) that has already been invalidly done.

Other bases for validity

             (4)  A future act will also be valid to the extent covered by any of the following:

                     (a)  section 24FA (future acts where procedures indicate absence of native title);

                     (b)  section 24GB (acts permitting primary production on non-exclusive agricultural or pastoral leases);

                     (c)  section 24GD (acts permitting off-farm activities directly connected to primary production activities);

                     (d)  section 24GE (granting rights to third parties etc. on non-exclusive agricultural or pastoral leases);

                     (e)  section 24HA (management of water and airspace);

                      (f)  section 24IA (acts involving renewals and extensions etc. of acts);

                    (fa)  section 24JAA (public housing etc.);

                     (g)  section 24JA (acts involving reservations, leases etc.);

                     (h)  section 24KA (acts involving facilities for services to the public);

                      (i)  section 24LA (low impact future acts);

                      (j)  section 24MD (acts that pass the freehold test--but see subsection (5));

                     (k)  section 24NA (acts affecting offshore places).

Right to negotiate

             (5)  In the case of certain acts covered by section 24IC (permissible lease etc. renewals) or section 24MD (acts that pass the freehold test), for the acts to be valid it is also necessary to satisfy the requirements of Subdivision P (which provides a "right to negotiate").

Extinguishment/non-extinguishment; procedural rights and compensation

             (6)  This Division provides that, in general, valid future acts are subject to the non-extinguishment principle. The Division also deals with procedural rights and compensation for the acts.

Activities etc. prevail over native title

             (7)  To avoid doubt, section 44H provides that a valid lease, licence, permit or authority, and any activity done under it, prevail over any native title rights and interests and their exercise.

Statutory access rights

             (8)  This Division confers access rights in respect of non-exclusive agricultural and non-exclusive pastoral leases on certain persons covered by registered native title claims (see Subdivision Q).

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