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Monday, 20 December 1993
Page: 5347

Senator SPINDLER (12 midnight) —First of all let me put on record that the Australian Democrats will be supporting government amendment 20 but will be opposing amendment 21 for reasons similar to those enunciated by Senator Chamarette. I move:

(11)Clause 45, page 26, after paragraph (3)(a), insert the following paragraph:

  "(aa)the native title rights and interests prevail over the lease except that the determination does not affect:

      (i)any interest of the Crown in any capacity, or of any statutory authority, in any public works on the land or waters concerned; or

(ii)the interests of any person, other than the Crown in any capacity or a statutory authority, that derive from the lease, and".

This applies to pastoral leases held by native title claimants and provides for native title to prevail over converted pastoral leases. It also protects crown public works on the land and any other interests that derive from the pastoral lease.