Part 2 Native Title
Division 5 Determination of compensation for acts affecting native title etc.
Section 51
(whether or not on just terms) set out in the law mentioned in
section 240 (which defines similar compensable interest test).
Compensation not covered by subsection (2) or (3)
(4) If:
(a) neither subsection (2) nor (3) applies; and
(b) there is a compulsory acquisition law for the Commonwealth
(if the act giving rise to the entitlement is attributable to the
Commonwealth) or for the State or Territory to which the act
is attributable;
the court, person or body making the determination of
compensation on just terms may, subject to subsections (5) to (8),
in doing so have regard to any principles or criteria set out in that
law for determining compensation.
Monetary compensation
(5) Subject to subsection (6), the compensation may only consist of the
payment of money.
Requests for non-monetary compensation
(6) If the person claiming to be entitled to the compensation requests
that the whole or part of the compensation should consist of the
transfer of property or the provision of goods or services, the court,
person or body:
(a) must consider the request; and
(b) may, instead of determining the whole or any part of the
compensation, recommend that the person liable to give the
compensation should, within a specified period, transfer
property or provide goods or services in accordance with the
recommendation.
Where recommendation not complied with
(7) If the person does not transfer the property or provide the goods or
services in accordance with the recommendation, the person
claiming to be entitled to the compensation may request the court,
188
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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