Native Title Part 2 Determination of compensation for acts affecting native title etc. Division 5 Section 51 Jurisdiction to hear appeals, to review etc. not affected (3) Nothing in this Division affects: (a) any jurisdiction of a court, person or body to hear appeals against, to review or otherwise to affect, a determination of compensation made in accordance with this Division; or (b) the jurisdiction of the High Court. 51 Criteria for determining compensation Just compensation (1) Subject to subsection (3), the entitlement to compensation under Division 2, 2A, 2B, 3 or 4 is an entitlement on just terms to compensate the native title holders for any loss, diminution, impairment or other effect of the act on their native title rights and interests. Acquisition under compulsory acquisition law (2) If the act is the compulsory acquisition of all or any of the native title rights and interests of the native title holders, 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 for determining compensation set out in the law under which the compulsory acquisition takes place. Compensation where similar compensable interest test satisfied (3) If: (a) the act is not the compulsory acquisition of all or any of the native title rights and interests; and (b) the similar compensable interest test is satisfied in relation to the act; the court, person or body making the determination of compensation must, subject to subsections (5) to (8), in doing so apply any principles or criteria for determining compensation Compilation No. 47 Native Title Act 1993 187 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021

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