Part 2 Native Title Division 3 Future acts etc. and native title Section 24MD Non-extinguishment and compensation (3) In the case of any future act to which this Subdivision applies that is not covered by subsection (2) or (2A): (a) the non-extinguishment principle applies to the act; and (b) if the following conditions are satisfied: (i) the similar compensable interest test is satisfied in relation to the act; and (ii) the law mentioned in section 240 (which defines similar compensable interest test) does not provide for compensation to the native title holders for the act; the native title holders are entitled to compensation for the act in accordance with Division 5. Who pays compensation (4) The native title holders may recover the compensation from: (a) if the act is attributable to the Commonwealth: (i) if a law of the Commonwealth provides that a person other than the Crown in right of the Commonwealth is liable to pay the compensation—that person; or (ii) if not—the Crown in right of the Commonwealth; or (b) if the act is attributable to a State or Territory: (i) if a law of the State or Territory provides that a person other than the Crown in any capacity is liable to pay the compensation—that person; or (ii) if not—the Crown in right of the State or Territory. Exception for certain lessees (5) If: (a) the act is the compulsory acquisition of the whole or part of any native title rights and interests; and (b) the land or waters concerned are to any extent the subject of a non-exclusive agricultural lease or a non-exclusive pastoral lease; then, despite subsection (4): 108 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021