Document ID: chunk:federal_register_of_legislation:C2024C00224:section:228:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 228 (pt 2/3)
Character Range: 717828–720333

relation to the whole or part of the land or waters to which the earlier act relates; and
 (d) the interests created by the later act take effect before or immediately after the interests created by the earlier act cease to have effect; and
 (e) the interests created by the later act permit activities of a similar kind to those permitted by the earlier act.

Examples of similar and dissimilar acts for the purposes of paragraph (4)(e)
 (5) The following are examples for the purposes of paragraph (4)(e):
 (a) the grant of a lease that permits mining only for a particular mineral followed by the grant of a lease that permits similar mining for another mineral is an example of a case where interests created by an earlier act permit activities that are of a similar kind to those permitted by a later act;
 (b) the grant of a lease that permits only grazing followed by the grant of a lease that permits mining is an example of a case where interests created by an earlier act permit activities that are not of a similar kind to those permitted by a later act.

Cases excluded from subsection (4)
 (6) Subsection (4) does not apply if:
 (a) the earlier act was the creation of a non‑proprietary interest in relation to land or waters and the later act is the creation of a proprietary interest in land or waters; or
 (b) the earlier act was the creation of a proprietary interest in land or waters and the later act is the creation of a larger proprietary interest in land or waters; or
 (c) if the earlier act contains a reservation or condition for the benefit of Aboriginal peoples or Torres Strait Islanders—the later act does not contain the same reservation or condition; or
 (d) the earlier act or the later act is the making, amendment or repeal of legislation.

Example of earlier and later acts for the purposes of paragraph (6)(a)
 (7) For the purposes of paragraph (6)(a), the issue of a licence followed by the grant of a lease is an example of an earlier act that is the creation of a non‑proprietary interest in relation to land and a later act that is the creation of a proprietary interest in land.

Example of earlier and later acts for the purposes of paragraph (6)(b)
 (8) For the purposes of paragraph (6)(b), the grant of a lease followed by the grant of a freehold estate is an example of an earlier act that is the creation of a proprietary interest in land and a later act that is the creation of a larger proprietary interest in land.

Other extensions, and developments, of