Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This Subdivision applies to a future act in relation to particular land or waters if:
(a) the act takes place before, and does not continue after, an approved determination of native title is made in relation to the land or waters, if the determination is that native title exists; and
(b) the act does not consist of, authorise or otherwise involve:
(i) the grant of a freehold estate in any of the land or waters; or
(ii) the grant of a lease over any of the land or waters; or
(iii) the conferral of a right of exclusive possession over any of the land or waters; or
(iv) the excavation or clearing of any of the land or waters; or
(v) mining (other than fossicking by using hand - held implements); or
(vi) the construction or placing on the land, or in the waters, of any building, structure, or other thing (other than fencing or a gate), that is a fixture; or
(vii) the disposal or storing, on the land or in the waters, of any garbage or any poisonous, toxic or hazardous substance.
Exclusion for public health or safety etc.
(2) Subparagraph (1)(b)(iv) does not apply to:
(a) excavation or clearing that is reasonably necessary for the protection of public health or public safety; or
(b) tree lopping, clearing of noxious or introduced animal or plant species, foreshore reclamation, regeneration or environmental assessment or protection activities.
(3) If this Subdivision applies to a future act, the act is valid.
(4) The non - extinguishment principle applies to the act.