Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_24id
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 24ID
Character Range: 107089–109461

24ID  Effect of Subdivision applying to an act

 (1) If this Subdivision applies to a future act:
 (a) subject to Subdivision P (which deals with the right to negotiate), the act is valid; and

Note: Subdivision P applies only to certain renewals of mining leases etc.: see subsections 26(1A) and 26D(1).
 (b) if the act consists of the grant of a freehold estate, or the conferral of a right of exclusive possession, over particular land or waters—the act extinguishes any native title in relation to the land or waters; and

Note: The only acts to which this paragraph applies are certain acts covered by section 24IB.
 (c) in any other case—the non‑extinguishment principle applies to the act; and
 (d) in any case—the native title holders are entitled to compensation for the act in accordance with Division 5.

Who pays compensation

 (2) The compensation is payable by:
 (a) if the act is attributable to the Commonwealth—the Crown in right of the Commonwealth; or
 (b) if the act is attributable to a State or Territory—the Crown in right of the State or Territory.

Notification

 (3) If paragraph (1)(b) applied in relation to the future act, then, before the act is done, the person proposing to do the act must:
 (a) notify, in the way determined in writing by the Commonwealth Minister, any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters that will be affected by the act that the act, or acts of that class, are to be done in relation to the land or waters concerned; and
 (b) give them an opportunity to comment on the act or class of acts.

Other procedural rights

 (4) If:
 (a) the act is a permissible lease etc. renewal of a non‑exclusive agricultural lease (see section 247B) or a non‑exclusive pastoral lease (see section 248B); and
 (b) the act is covered by paragraph 24IC(4)(b) or (c);
subsection 24MD(6B) applies to the act as if the act were a compulsory acquisition, of the kind mentioned in that subsection, of native title rights and interests in relation to the land or waters that will be affected by the act, done by:
 (c) if the act is attributable to the Commonwealth—the Commonwealth; or
 (d) if the act is attributable to a State or Territory—that State or Territory.

Subdivision J—Reservations, leases etc.