Part 2 Native Title
Division 3 Future acts etc. and native title
Section 24MD
Non-extinguishment and compensation
(3) In the case of any future act to which this Subdivision applies that
is not covered by subsection (2) or (2A):
(a) the non-extinguishment principle applies to the act; and
(b) if the following conditions are satisfied:
(i) the similar compensable interest test is satisfied in
relation to the act; and
(ii) the law mentioned in section 240 (which defines similar
compensable interest test) does not provide for
compensation to the native title holders for the act;
the native title holders are entitled to compensation for the
act in accordance with Division 5.
Who pays compensation
(4) The native title holders may recover the compensation from:
(a) if the act is attributable to the Commonwealth:
(i) if a law of the Commonwealth provides that a person
other than the Crown in right of the Commonwealth is
liable to pay the compensation—that person; or
(ii) if not—the Crown in right of the Commonwealth; or
(b) if the act is attributable to a State or Territory:
(i) if a law of the State or Territory provides that a person
other than the Crown in any capacity is liable to pay the
compensation—that person; or
(ii) if not—the Crown in right of the State or Territory.
Exception for certain lessees
(5) If:
(a) the act is the compulsory acquisition of the whole or part of
any native title rights and interests; and
(b) the land or waters concerned are to any extent the subject of a
non-exclusive agricultural lease or a non-exclusive pastoral
lease;
then, despite subsection (4):
108
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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