Document ID: chunk:federal_register_of_legislation:C2024C00224:section:24jaa:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 24JAA (pt 1/4)
Character Range: 165320–167938

24JAA  Public housing etc.

Coverage of Subdivision
 (1) This Subdivision applies to a future act if:
 (a) it relates, to any extent, to an onshore place; and
 (b) it relates to:
 (i) an area over which a freehold estate exists or a lease is in force, or that is vested in any person, where the grant of the freehold estate or lease or the vesting took place under legislation that makes provision for the grant or vesting of such things only to, in or for the benefit of Aboriginal peoples or Torres Strait Islanders; or
 (ii) an area that is held expressly for the benefit of, or held on trust, or reserved, expressly for the benefit of, Aboriginal peoples or Torres Strait Islanders; and
 (c) it either:
 (i) permits or requires the construction, operation, use, maintenance or repair by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities (the action body), of any of the things listed in subsection (3); or
 (ii) consists of the construction, operation, use, maintenance or repair by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities (the action body), of any of the things listed in subsection (3); and
 (d) it is done or commenced as follows:
 (i) if the act is covered by subparagraph (c)(i)—it is done within the period of 20 years beginning on the day on which the Native Title Amendment Act (No. 1) 2010 commences;
 (ii) if the act is covered by subparagraph (c)(ii)—it is commenced within the period of 20 years beginning on the day on which the Native Title Amendment Act (No. 1) 2010 commences; and
 (e) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be:
 (i) in the area in which the act is done; and
 (ii) of particular significance to Aboriginal peoples or Torres Strait Islanders in accordance with their traditions.

Compulsory acquisitions not covered
 (2) To avoid doubt, this Subdivision does not apply to a future act that is the compulsory acquisition of the whole or part of any native title rights and interests.

Public housing etc.
 (3) For the purposes of paragraph (1)(c), the things are as follows:
 (a) public housing provided for Aboriginal people or Torres Strait Islanders living in, or in the vicinity of, the area;
 (b) any of the following that benefit those people:
 (i) public education facilities;
 (ii) public health facilities;
 (iii) police facilities;
 (iv) emergency facilities;
 (c) staff housing provided in connection with housing or