| Western Australia |
Titles Validation Amendment Act 1999
No. 9 of 1999
An Act to amend the Titles Validation Act 1995.
[Assented to 5 May 1999]
The Parliament of Western Australia enacts as follows:
1. Short Title
| This Act may be cited as the Titles Validation Amendment Act 1999. |
Titles Validation Amendment Act 1999
s. 2
2. Commencement
This Act comes into operation on the day on which it receives the Royal Assent.
3. The Act amended
| The amendments in this Act are to the Titles Validation Act 1995*. |
| [* Act No. 16 of 1995.] |
| Note: | The definitions in the Native Title Act 1993 of the Commonwealth (“the NTA”) apply also in the Titles Validation Act 1995 (see section 4(2) of the latter). There is attached to this Act a list of the words and expressions that are defined in the NTA and used in the provisions inserted in the principal Act by this Act. The list shows where in the NTA each definition can be found. |
4. Long title replaced
The long title is repealed and the following long title is inserted instead —
| “ |
An Act to make provision in relation to native title as permitted by the Native Title Act 1993 of the Commonwealth, namely —
| | under sections 19 and 22F of that Act, to validate past acts and intermediate period acts attributable to the State and to provide for the effects of the validation; |
| | under sections 23E and 23I of that Act, to confirm the effect on native title of acts attributable to the State done on or before 23 December 1996; and |
| | under section 212 of that Act, to confirm certain rights relating to natural resources and public access. |
”.
Titles Validation Amendment Act 1999
s. 5
5. Section 1 amended
Section 1 is amended by deleting “Validation” and inserting instead —
“ (Validation) and Native Title (Effect of Past Acts) ”.
6. Section 12 amended
Section 12(1) is amended by deleting “Native” and inserting instead —
“ Under section 20 of the NTA native ”.
7. Parts 2A, 2B and 2C inserted
After Part 2 the following Parts are inserted —
“
Part 2A — Validation of intermediate
period acts
| 12A. | Validation of intermediate period acts attributable to the State (s. 22F NTA) |
| Every intermediate period act attributable to the State is valid and is taken always to have been valid. |
Notes: The expression “intermediate period act” is defined in section 232A of the
NTA as an act that took place between 1 January 1994 and
23 December 1996 and that meets the various conditions set out in that
section.
Under section 22H of the NTA the State must within 6 months of the
commencement of this Act notify specified details relating to certain acts to
the public and to native title bodies and claimants in relation to the affected
land or waters. The details relate to mining rights granted between
1 January 1994 and 23 December 1996 in respect of…