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holders in favour of the rights of non-Indigenous title holders. Generally, states and territories
have been unwilling to negotiate an alternative to blanket validation legislation. The validation
of intermediate-period acts deprives native title holders of procedural rights to engage in
decisions about land, substituting a compensation scheme for rights removed.
60.
Table 2 provided by the Race Discrimination Commissioner sets out the current status of
validation legislation introduced by states and territories as at 30 June 1999. Changes that have
occurred since August 1999 are indicated in bold type.
Table 2
Validation legislation introduced by the states and territories
State or territory
Legislative action
Status of legislation
New South Wales
Native Title (New South Wales)
Amendment Act 1998
Proclaimed on 30 September 1998
Victoria
Land Titles Validation
(Amendment) Act 1998
Parts 1 and 2 received assent
on 24 November 1998
Australian Capital
Territory (ACT)
Native Title (Amendment)
Bill 1999
The bill is before the Legislative
Assembly
South Australia
Statutes Amendment (Native Title)
Bill (No. 2) 1998
Now lapsed
Native Title (South Australia)
(Validation and Confirmation)
Amendment Bill 1999
Introduced into Parliament
which resumes 28 March 2000
Bill validates to full extent
authorized by Native Title Act
Western Australia
Titles Validation (Amendment)
Act 1999
Assented to by Parliament
on 5 May 1999
Titles (Validation) and Native Title
(Effect of Past Acts) Acts 1999
Received assent on
13 December 1999
Exclusive possession intermediate
period acts and public works now
extinguish native title
Northern Territory
Validation of Titles and Actions
Amendment Act 1998
Assented to by Parliament
on 28 August 1998 and
commenced on 1 October 1998
Queensland
Native Title (Queensland) State
Provisions Act 1998
Assented to on 3 September 1998
Tasmania
No proposed legislation to date
N/A