Native Title Legislation Amendment Act 2021 (6 of 2021)

Schedule 9   Just terms compensation and validation

2   Validating section 31 agreements made on or before commencement

(1) This item applies if:

(a) an agreement in relation to the doing of an act was made or purported to be made before the commencement of this item; and

(b) the agreement purported to be an agreement of the kind mentioned in paragraph 31(1)(b) of the Native Title Act 1993; and

(c) the agreement was not an agreement of that kind made in relation to the act only because:

(i) if there was only one registered native title claimant in relation to land or waters affected by the act - not all of the persons who comprised that registered native title claimant were parties to the agreement; or

(ii) if there was more than one registered native title claimant in relation to land or waters affected by the act - not all of the persons who comprised those registered native title claimants were parties to the agreement; and

(d) for each registered native title claimant in relation to any land or waters affected by the act, at least one of the persons who comprised that registered native title claimant was a party to the agreement.

(2) The agreement is taken to be, and always to have been, an agreement of the kind mentioned in paragraph 31(1)(b) of the Native Title Act 1993 made in relation to the act.

(3) Without limiting subsection 11B(2) of the Acts Interpretation Act 1901, an expression used in this item has the same meaning as in the Native Title Act 1993 (as in force immediately before the commencement of this item).