Part 2 Native Title
Division 3 Future acts etc. and native title
Section 24MD
(a) the act is the compulsory acquisition of the whole or part of
any native title rights and interests under a law of the
Commonwealth, a State or a Territory that permits both:
(i) the compulsory acquisition by the Commonwealth, the
State or the Territory of native title rights and interests;
and
(ii) the compulsory acquisition by the Commonwealth, the
State or the Territory of non-native title rights and
interests in relation to land or waters; and
(b) the whole, or the equivalent part, of all non-native title rights
and interests, in relation to the land or waters to which the
native title rights and interests that are compulsorily acquired
relate, is also acquired (whether compulsorily or by
surrender, cancellation or resumption or otherwise) in
connection with the compulsory acquisition of the native title
rights and interests; and
(ba) the practices and procedures adopted in acquiring the native
title rights and interests are not such as to cause the native
title holders any greater disadvantage than is caused to the
holders of non-native title rights and interests when their
rights and interests are acquired;
then:
(c) the compulsory acquisition extinguishes the whole or the part
of the native title rights and interests; and
(d) if compensation on just terms is provided under a law of the
Commonwealth, a State or a Territory to the native title
holders for the compulsory acquisition, and they request that
the whole or part of any such compensation should be in a
form other than money, the person providing the
compensation must:
(i) consider the request; and
(ii) negotiate in good faith in relation to the request; and
(e) if compensation on just terms is not provided under a law of
the Commonwealth, a State or Territory to the native title
holders for the compulsory acquisition, they are entitled to
106
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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