Native Title (Tasmania) Act 1994 (Tas)

Native Title (Tasmania) Act 1994

An Act to validate pursuant to section 19 of the Native Title Act 1993 of the Commonwealth past acts invalid because of the existence of native title and, in accordance with that Act, to confirm certain rights and for related purposes [Royal Assent 16 December 1994]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Native Title (Tasmania) Act 1994 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, Commonwealth Act means the Native Title Act 1993 of the Commonwealth. (2) Unless the contrary intention appears, a word or expression used in the Commonwealth Act has the same meaning in this Act as it has in the Commonwealth Act .

4. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

PART 2 - Validation of Past Acts

5. Validation of past acts attributable to State Every past act attributable to the State is valid and is taken always to have been valid.

PART 3 - Effect of Validation on Native Title

6. Category A past acts that are not public works A category A past act, that is not a past act to which section 229 (4) (which deals with public works) of the Commonwealth Act applies, extinguishes native title concerned.

7. Category A past acts that are public works (1) A category A past act to which section 229 (4) of the Commonwealth Act applies extinguishes native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated. (2) If section 229 (4) (a) (which deals with works completed after 1 January 1994) of the Commonwealth Act applies to the past act, the extinguishment is taken to have happened on 1 January 1994.