Native Title Part 2
Recognition and protection of native title Division 1
Section 13
Native title determinations by Federal Court when determining
compensation entitlements
(2) If:
(a) the Federal Court is making a determination of compensation
in accordance with Division 5; and
(b) an approved determination of native title has not previously
been made in relation to the whole or part of the area
concerned;
the Federal Court must also make a current determination of native
title in relation to the whole or the part of the area, that is to say, a
determination of native title as at the time at which the
determination of compensation is being made.
Note:
The compensation application must contain the information that
would be required for a native title determination application for the
area: see section 62.
Approved determinations of native title
(3) Subject to subsection (4), each of the following is an approved
determination of native title:
(a) a determination of native title made on an application under
paragraph (1)(a) or in accordance with subsection (2);
(b) an order, judgment or other decision of a recognised
State/Territory body that involves a determination of native
title in relation to an area within the jurisdictional limits of
the State or Territory.
Variation or revocation of determinations
(4) If an approved determination of native title is varied or revoked on
the grounds set out in subsection (5) by:
(a) the Federal Court, in determining an application under Part 3;
or
(b) a recognised State/Territory body in an order, judgment or
other decision;
Compilation No. 47
Native Title Act 1993
7
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021