Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SECT 154

154 .         Giving notice under NTA to native title holders if NTA Part 2 Div. 3 Subdiv. P applies, effect of for this Act

        (1)         This section applies if —

            (a)         interests in land are intended to be taken under section 161 or 165; and

            (b)         Part 2, Division 3, Subdivision P of the NTA is applicable to the taking by virtue of section 26(1)(c)(iii) of the NTA.

        (2)         Where this section applies —

            (a)         the giving of notice in accordance with the NTA satisfies the requirements of section 170(5)(b) of this Act in relation to native title holders; and

            (b)         the 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 3 of the Native Title (State Provisions) Act 1998 is in operation and the taking is a Part 3 act within the meaning of that Act, in accordance with Division 3 of Part 3 of that Act; or

            (b)         if Part 4 of the Native Title (State Provisions) Act 1998 is in operation and the taking is a Part 4 act within the meaning of that Act, in accordance with Division 3 of Part 4 of that Act; or

            (c)         if paragraph (a) or (b) does not apply, in accordance with section 29 of the Native Title Act 1993 of the Commonwealth.

        [Section 154 inserted: No. 61 of 1998 s. 8.]