Native Title Part 2 Determination of compensation for acts affecting native title etc. Division 5 Section 52A the Government party must pay the shortfall to the person. No compensation if already paid under bank guarantee (6) Subject to section 53, if the Registrar pays an amount to a registered native title body corporate in accordance with item 3 of the table in subsection (2), there is no entitlement to compensation under Division 3 for the act. 52A Payment held in trust under right to negotiate procedures When section applies (1) This section applies if an amount (the trust amount) in respect of an act is being held in trust in accordance with paragraph 36C(5B)(b), subsection 41(5) or paragraph 42(5B)(b) and any of the following happens: (a) an approved determination of native title is made to the effect that there is no native title in relation to the area concerned immediately before the act takes place; (b) the Government party informs the trustee in writing that it is not going to do the act; (c) the following requirements are satisfied: (i) an approved determination of native title is made to the effect that the native title parties concerned are (disregarding any holding of the native title in trust under Division 6) the native title holders in relation to the area affected by the act; (ii) the registered native title body corporate advises the trustee that it wishes to accept the trust amount instead of any compensation to which the native title holders may be entitled under Division 3 for the act; (iii) the person who paid the trust amount advises the trustee that the person agrees to the registered native title body corporate accepting the trust amount instead of any compensation to which the native title holders may be entitled under Division 3 for the act; Compilation No. 47 Native Title Act 1993 195 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021

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