Document ID: chunk:federal_register_of_legislation:C2024C00224:section:24ka:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 24KA (pt 1/3)
Character Range: 179157–181835

24KA  Facilities for services to the public

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 either:
 (i) permits or requires the construction, operation, use, maintenance or repair, by or on behalf of any person, of any of the things listed in subsection (2) that is to be operated, or is operated, for the general public; 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, of any of the things listed in subsection (2) that is to be operated, or is operated, for the general public; and
 (c) it does not prevent native title holders in relation to land or waters on which the thing is located or to be located from having reasonable access to such land or waters in the vicinity of the thing, except:
 (i) while the thing is being constructed; or
 (ii) for reasons of health and safety; and
 (d) 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
 (1A) 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.

Facilities etc.
 (2) For the purposes of paragraph (1)(b), the things are as follows:
 (a) a road, railway, bridge or other transport facility (other than an airport or port);
 (b) a jetty or wharf;
 (c) a navigation marker or other navigational facility;
 (d) an electricity transmission or distribution facility;
 (e) lighting of streets or other public places;
 (f) a gas transmission or distribution facility;
 (g) a well, or a bore, for obtaining water;
 (h) a pipeline or other water supply or reticulation facility;
 (i) a drainage facility, or a levee or other device for management of water flows;
 (j) an irrigation channel or other irrigation facility;
 (k) a sewerage facility, other than a treatment facility;
 (l) a cable, antenna, tower or other communication facility;
 (la) an automatic weather station;
 (m) any other thing that is similar to any one or more of the things mentioned in the paragraphs above.

Validation of act
 (3) If this Subdivision applies to a future act, the act is valid.

Non‑extinguishment principle
 (4) The non‑extinguishment principle applies to the act.

Compensation
 (5)