Part 2 Native Title
Division 5 Determination of compensation for acts affecting native title etc.
Section 52
Application to the Federal Court where compensation includes
transfer of property or provision of goods or services
(3) If:
(a) a determination is made, on a claim for compensation in
respect of the act:
(i) in accordance with this Division; or
(ii) on just terms under a law of the Commonwealth or of a
State or Territory dealing with the compulsory
acquisition of rights or interests in the land or waters in
relation to which compensation is claimed;
that a person is entitled to compensation; and
(b) some or all of the compensation is constituted by the transfer
of property or the provision of goods or services;
the Registrar must apply to the Federal Court for a direction as to
the payment of the amount secured.
Federal Court jurisdiction
(4) The Federal Court has jurisdiction in relation to the matters
mentioned in:
(a) items 5, 8 and 9 of the table in subsection (2); and
(b) subsection (3).
Compensation payable is greater amount than that secured
(5) If:
(a) a determination is made, on a claim for compensation in
respect of the act:
(i) in accordance with this Division; or
(ii) on just terms under a law of the Commonwealth or of a
State or Territory dealing with the compulsory
acquisition of rights or interests in the land or waters in
relation to which compensation is claimed;
that a person is entitled to compensation; and
(b) the amount secured by the bank guarantee is less than the
amount determined;
194
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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