Document ID: chunk:federal_register_of_legislation:C2024C00224:section:24gb:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 24GB (pt 2/2)
Character Range: 145048–147041

act converts a lease covered by paragraph (1)(a) into a lease conferring a right of exclusive possession, or into a freehold estate, over any of the land or waters covered by the lease.
Note: If such an act is done in exercise of a legally conferred right, it could be covered by section 24ID. A lease conferring such rights or a freehold estate could be granted after a compulsory acquisition of native title under section 24MD or under certain indigenous land use agreements.

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

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

Compensation
 (7) The native title holders concerned are entitled to compensation for the act in accordance with Division 5.

Who pays compensation
 (8) 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
 (9) If:
 (a) the primary production activity mentioned in subparagraph (1)(d)(i) or (ii) is forest operations, a horticultural activity or an aquacultural activity; or
 (b) the lease mentioned in paragraph (1)(a) is a non‑exclusive pastoral lease and the primary production activity mentioned in subparagraph (1)(d)(i) or (ii) is an agricultural activity;
before the future act is done, the person proposing to do the act must:
 (c) notify, in the way determined, by legislative instrument, 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 covered by the non‑exclusive agricultural lease or non‑exclusive pastoral lease that the act, or acts of that class, are to be done in relation to the particular land or waters; and
 (d) give them an opportunity to comment on the act or class of acts.