Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_24eb:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 24EB (pt 1/2)
Character Range: 73267–75900

24EB  Effect of registration on proposed acts covered by indigenous land use agreements

Coverage of section

 (1) The consequences set out in this section apply if:
 (a) a future act is done; and
 (b) when it is done, there are on the Register of Indigenous Land Use Agreements details of an agreement that includes a statement to the effect that the parties consent to:
 (i) the doing of the act or class of act in which the act is included; or
 (ii) the doing of the act, or class of act in which the act is included, subject to conditions; and
 (c) if the act is, apart from this Subdivision, an act to which Subdivision P (which deals with the right to negotiate) applies—the agreement also includes a statement to the effect that Subdivision P is not intended to apply; and

Note: The fact that, under the "right to negotiate" provisions in Subdivision P, agreements can be made after notice of an act is given as mentioned in section 29 does not prevent an indigenous land use agreement being made that consents to the doing of the act.
 (d) if the act is the surrender of native title under an agreement covered by Subdivision B or C—the agreement also includes a statement to the effect that the surrender is intended to extinguish the native title rights and interests.

Validation of act

 (2) The act is valid to the extent that it affects native title in relation to land or waters in the area covered by the agreement.

Non‑extinguishment principle

 (3) Unless a statement of the kind mentioned in paragraph (1)(d) in relation to the act is included in the agreement, the non‑extinguishment principle applies to the act.

Restriction on compensation where Subdivision B agreement

 (4) In the case of an agreement under Subdivision B, the following are not entitled to any compensation for the act under this Act, other than compensation provided for in the agreement:
 (a) any registered native title body corporate who is a party to the agreement;
 (b) any common law holder of native title:
 (i) for whom such a registered native title body corporate holds native title rights and interests on trust; or
 (ii) of whom such a registered native title body corporate is the agent or representative;

Note: For the definition of common law holder, see section 56.
 (c) any native title holder who is entitled to any of the benefits provided under the agreement.

Restriction on compensation where Subdivision C agreement

 (5) In the case of an agreement under Subdivision C, the following are not entitled to any compensation for the act under this Act, other than compensation provided for in the agreement:
 (a)