Native Title Part 2 Confirmation of past extinguishment of native title by certain valid or validated acts Division 2B Section 23I (b) they must be given an opportunity to comment on the act or class of acts. 23I Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of State or Territory If a law of a State or Territory contains provisions to the same effect as sections 23H and 23HA, the law of the State or Territory may make provision to the same effect as section 23G in respect of all or any previous non-exclusive possession acts attributable to the State or Territory. 23J Compensation Entitlement (1) The native title holders are entitled to compensation in accordance with Division 5 for any extinguishment under this Division of their native title rights and interests by an act, but only to the extent (if any) that the native title rights and interests were not extinguished otherwise than under this Act. Commonwealth acts (2) If the act is attributable to the Commonwealth, the compensation is payable by the Commonwealth. State and Territory acts (3) If the act is attributable to a State or Territory, the compensation is payable by the State or Territory. 23JA Attribution of certain acts If: (a) a previous exclusive possession act or a previous non-exclusive possession act took place before the Compilation No. 47 Native Title Act 1993 31 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021

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