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Saturday, 18 December 1993
Page: 5194

Senator CHAMARETTE (10.09 p.m.) —I move:

  Clause 22, page 13, lines 1 to 3, omit paragraph (3)(a), substitute the following paragraphs:

"(a)the non-extinguishment principle applies to the acquisition; and

(aa)nothing in this Act prevents any act that is done in giving effect to the purpose of the acquisition from extinguishing the native title rights and interests; and".

This amendment relates to the non-extinguishment principle applying to acquisitions. While the phrasing may be somewhat difficult to understand, it does indicate that the compulsory acquisition powers of the state are available but without extinguishment of native title, until the point at which the land is used for the purpose for which it has been acquired and only to the extent that that purpose is inconsistent with native title rights. It is simply a way of ensuring that the power of compulsory acquisition is used in an appropriate way in relation to public works. To the extent of cancelling native title, it relates to the proper purpose for which the compulsory acquisition has been asserted.