Part 2 Native Title
Division 5 Determination of compensation for acts affecting native title etc.
Section 48
Division 5—Determination of compensation for acts
affecting native title etc.
48 Compensation payable in accordance with Division
Compensation payable under Division 2, 2A, 2B, 3 or 4 in relation
to an act is only payable in accordance with this Division.
49 No multiple compensation for essentially same act
Despite anything in Division 2, 2A, 2B, 3 or 4:
(a) compensation is only payable under this Act once for acts
that are essentially the same; and
(b) the court, person or body determining compensation in
accordance with this Division must take into account any
compensation awarded under a law of a State or Territory, or
under another Commonwealth law, for essentially the same
act.
50 Bodies that may determine compensation
Division exhaustive
(1) A determination of the compensation may only be made in
accordance with this Division.
Note:
Such compensation is generally for acts that are validated or valid.
Native title holders would ordinarily be entitled to compensation or
damages for invalid acts under the general law. The Federal Court
may be able to award such compensation or damages in proceedings
in relation to the invalidity of the act: see subsection 213(2).
Applications to Federal Court
(2) An application may be made to the Federal Court under Part 3 for a
determination of the compensation.
186
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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