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
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات