Document ID: chunk:federal_register_of_legislation:C2024C00224:section:23b:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 23B (pt 1/2)
Character Range: 65125–67741

23B  Previous exclusive possession act
 (1) This section defines previous exclusive possession act.

Grant of freehold estates or certain leases etc. on or before 23.12.1996
 (2) An act is a previous exclusive possession act if:
 (a) it is valid (including because of Division 2 or 2A of Part 2); and
Note: As at the commencement of this section, acts such as grants before 1 January 1994 that were invalid because of native title have been validated by or under Division 2.
 (b) it took place on or before 23 December 1996; and
 (c) it consists of the grant or vesting of any of the following:
 (i) a Scheduled interest (see section 249C);
 (ii) a freehold estate;
 (iii) a commercial lease that is neither an agricultural lease nor a pastoral lease;
 (iv) an exclusive agricultural lease (see section 247A) or an exclusive pastoral lease (see section 248A);
 (v) a residential lease;
 (vi) a community purposes lease (see section 249A);
 (vii) what is taken by subsection 245(3) (which deals with the dissection of mining leases into certain other leases) to be a separate lease in respect of land or waters mentioned in paragraph (a) of that subsection, assuming that the reference in subsection 245(2) to "1 January 1994" were instead a reference to "24 December 1996";
 (viii) any lease (other than a mining lease) that confers a right of exclusive possession over particular land or waters.

Vesting of certain land or waters to be covered by paragraph (2)(c)
 (3) If:
 (a) by or under legislation of a State or a Territory, particular land or waters are vested in any person; and
 (b) a right of exclusive possession of the land or waters is expressly or impliedly conferred on the person by or under the legislation;
the vesting is taken for the purposes of paragraph (2)(c) to be the vesting of a freehold estate over the land or waters.

Construction of public works commencing on or before 23.12.1996
 (7) An act is a previous exclusive possession act if:
 (a) it is valid (including because of Division 2 or 2A); and
 (b) it consists of the construction or establishment of any public work that commenced to be constructed or established on or before 23 December 1996.

Exclusion of acts benefiting Aboriginal peoples or Torres Strait Islanders
 (9) An act is not a previous exclusive possession act if it is:
 (a) the grant or vesting of any thing that is made or done by or 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
 (b) the grant or vesting of any thing expressly for the benefit