E/CN.4/2002/24/Add.1
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(a)
The confirmation provisions
61.
Section 23 E of the NTA provided that states and territories may introduce legislation
that deems certain classes of tenure as well as specifically scheduled tenures granted
before 23 December 1996 to have either extinguished or impaired native title. Native title
holders are entitled to compensation for any extinguishment of native titles as a result of these
provisions.
62.
Table 3 sets out the current status of confirmation legislation introduced by states and
territories as at 30 June 1999. Changes that occurred subsequent to August 1999 are indicated in
bold type.
Table 3
Confirmation 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
Royal assent and 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 Act 2000
Received assent
on 14 December 2000.
Commenced
on 22 January 2001
Bill confirms to full extent
authorized by NTA
Western Australia
Titles Validation (Amendment)
Act 1999
Passed by Parliament
on 5 May 1999
Titles (Validation) and Native Title
(Effect of Past Acts) Amendment
Act 1999. This Act extinguished
native title on all previous exclusive
possession acts and all public works.
It completes adoption of the
schedule in the Native Title Act
Received assent
on 13 December 1999