Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993 - SECT 230

Category B past act

    A category B past act is a past act consisting of the grant of a lease where:

  (a)   the grant is not a category A past act; and

  (b)   the lease is not a mining lease; and

  (c)   either:

  (i)   the grant was made before 1   January 1994 and the lease was in force on 1   January 1994; or

  (ii)   the grant was made on or after 1   January 1994 and it is a past act because subsection   228(3) (which deals with such things as the exercise of options) or (9) (which deals with other extensions etc. of earlier acts) applies; and

  (d)   the grant is not:

  (i)   a grant by the Crown in any capacity to the Crown, or to a statutory authority of the Crown, in any capacity; or

  (ii)   a grant made by or under legislation that grants leases only to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

  (iii)   a grant of a prescribed kind to or for the benefit of Aboriginal peoples or Torres Strait Islanders; or

  (iv)   a grant over land or waters that, on 1   January 1994, are Aboriginal/Torres Strait Islander land or waters.


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