Part 2 Native Title Division 5 Determination of compensation for acts affecting native title etc. Section 48 Division 5—Determination of compensation for acts affecting native title etc. 48 Compensation payable in accordance with Division Compensation payable under Division 2, 2A, 2B, 3 or 4 in relation to an act is only payable in accordance with this Division. 49 No multiple compensation for essentially same act Despite anything in Division 2, 2A, 2B, 3 or 4: (a) compensation is only payable under this Act once for acts that are essentially the same; and (b) the court, person or body determining compensation in accordance with this Division must take into account any compensation awarded under a law of a State or Territory, or under another Commonwealth law, for essentially the same act. 50 Bodies that may determine compensation Division exhaustive (1) A determination of the compensation may only be made in accordance with this Division. Note: Such compensation is generally for acts that are validated or valid. Native title holders would ordinarily be entitled to compensation or damages for invalid acts under the general law. The Federal Court may be able to award such compensation or damages in proceedings in relation to the invalidity of the act: see subsection 213(2). Applications to Federal Court (2) An application may be made to the Federal Court under Part 3 for a determination of the compensation. 186 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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