Document ID: chunk:federal_register_of_legislation:C2024C00224:section:22b
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 22B
Character Range: 54557–55898

22B  Effect of validation on native title
  Subject to subsection 24EBA(6), if an intermediate period act is an act attributable to the Commonwealth:
 (a) if it is a category A intermediate period act to which subsection 232B(2), (3) or (4) (which deal with things such as the grant or vesting of freehold estates and certain leases) applies—the act extinguishes all native title in relation to the land or waters concerned; and
 (b) if it is a category A intermediate period act to which subsection 232B(7) (which deals with public works) applies:
 (i) the act extinguishes the native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated; and
 (ii) the extinguishment is taken to have happened when the construction or establishment began; and
 (c) if it is a category B intermediate period act that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests concerned—the act extinguishes the native title to the extent of the inconsistency; and
 (d) if it is a category C intermediate period act or a category D intermediate period act—the non‑extinguishment principle applies to the act.
Note: This section does not apply to the act if section 23C or 23G applies to the act.