Native Title Part 2 Future acts etc. and native title Division 3 Section 24FB Who pays compensation (2) The native title holders may recover the compensation from: (a) if the act is attributable to the Commonwealth—the Crown in right of the Commonwealth; or (b) if the act is attributable to a State or Territory—the Crown in right of the State or Territory. 24FB When section 24FA protection arises—government applications An area is subject to section 24FA protection at a particular time if: (a) before that time, a non-claimant application (see section 253), or a corresponding application for an approved determination of native title under a law of a State or Territory, has been made by or on behalf of a Minister, the Crown in any capacity, or a statutory authority; and (b) the area is the whole of the area covered by the application and the application has not been amended as to area; and (c) the period specified in the notice given under section 66, or under a corresponding provision of the law of the State or Territory, has ended; and (d) at the end of that period, there is no relevant native title claim (see section 24FE) covering the area or a part of the area; and (e) the application has not been withdrawn, dismissed or otherwise finalised; and (f) there is no entry on the National Native Title Register, included under paragraph 193(1)(a) or (b), specifying that native title exists in relation to the area or a part of the area. 24FC When section 24FA protection arises—non-government applications An area is subject to section 24FA protection at a particular time if: Compilation No. 47 Native Title Act 1993 71 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021