Western Australian Current Acts

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LAND ADMINISTRATION ACT 1997 - SECT 153

153 .         Giving notice under NTA to native title holders if no approved determination of native title, effect of for this Act

        (1)         This section applies if —

            (a)         this Act requires notice of any thing to be given to persons who include native title holders; and

            (b)         there has been no approved determination of native title within the meaning of that expression in the NTA; and

            (c)         section 154 does not apply.

        (2)         Where this section applies —

            (a)         the giving of notice in accordance with the NTA satisfies the relevant requirement of this Act in relation to native title holders; and

            (b)         if the notice relates to a taking, the subsequent service of the order and forms referred to in paragraph (c) of section 177(5) of this Act in accordance with the NTA, as if they were a notice, satisfies the requirements of that paragraph in relation to native title holders.

        (3)         In subsection (2) —

        in accordance with the NTA means —

            (a)         if Part 5 of the Native Title (State Provisions) Act 1998 is in operation and the notice, or the order and forms, relate to a taking that is a Part 5 act within the meaning of that Act, in accordance with Division 2 of Part 5 of that Act; or

            (b)         if paragraph (a) does not apply, in the manner provided for by section 24MD(7) of the Native Title Act 1993 of the Commonwealth.

        [Section 153 inserted: No. 61 of 1998 s. 8.]



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