Native Title Part 2
Determination of compensation for acts affecting native title etc. Division 5
Section 51A
person or body to determine instead that the whole or the part of
the compensation concerned is to consist of the payment of money.
Where recommendation complied with
(8) If the person does transfer the property or provide the goods or
services in accordance with the recommendation, the transfer of the
property or provision of the goods or services constitutes full
compensation for the act, and the entitlement to it is taken to have
been determined in accordance with this Division.
51A Limit on compensation
Compensation limited by reference to freehold estate
(1) The total compensation payable under this Division for an act that
extinguishes all native title in relation to particular land or waters
must not exceed the amount that would be payable if the act were
instead a compulsory acquisition of a freehold estate in the land or
waters.
This section is subject to section 53
(2) This section has effect subject to section 53 (which deals with the
requirement to provide “just terms” compensation).
52 Bank guarantee required under right to negotiate procedures
(1) This section applies if a condition to be complied with under:
(a) a determination made under section 36A; or
(b) a determination made under section 38; or
(c) a declaration made under section 42;
in respect of an act is that an amount is to be secured by bank
guarantee given by an authorised deposit-taking institution within
the meaning of the Banking Act 1959 (an ADI) in favour of the
Registrar.
Compilation No. 47
Native Title Act 1993
189
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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