Document ID: chunk:federal_register_of_legislation:C2024C00224:section:229:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 229 (pt 1/2)
Character Range: 721593–724066

229  Category A past act

Section defines expression
 (1) This section defines the expression category A past act.

Grant of certain freehold estates
 (2) A past act consisting of the grant of a freehold estate is a category A past act if:
 (a) either:
 (i) the grant was made before 1 January 1994 and the estate existed on 1 January 1994; or
 (ii) the grant was made on or after 1 January 1994 and it is a past act because subsection 228(3) (which deals with such things as the exercise of options) or 228(9) (which deals with other extensions etc. of earlier acts) applies; and
 (b) the grant is not:
 (i) a grant by the Crown in any capacity to the Crown, or to a statutory authority of the Crown, in any capacity; or
 (ii) a grant made by or under legislation that grants freehold estates only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or
 (iii) a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders.

Grant of certain leases
 (3) A past act consisting of the grant of:
 (a) a commercial lease, an agricultural lease, a pastoral lease or a residential lease; or
 (b) what is taken by subsection 245(3) (which deals with the dissection of mining leases into certain other leases) to be a separate lease in respect of land or waters mentioned in paragraph (a) of that subsection;
is a category A past act if:
 (c) either:
 (i) the grant was made before 1 January 1994 and the lease was in force on 1 January 1994; or
 (ii) the grant was made on or after 1 January 1994 and it is a past act because subsection 228(3) or (9) applies; and
 (d) the grant is not:
 (i) a grant by the Crown in any capacity to the Crown, or to a statutory authority of the Crown, in any capacity; or
 (ii) a grant made by or under legislation that grants leases only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or
 (iii) a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or
 (iv) a grant over land or waters that, on 1 January 1994, are Aboriginal/Torres Strait Islander land or waters.

Construction of public works
 (4) A past act consisting of the construction or establishment of any public work is a category A past act if:
 (a) the work commenced to be constructed or established before 1 January 1994 and the construction or establishment had not been completed by that day; or
 (b) the work was constructed or established before 1