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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