Part 2 Native Title
Division 2 Validation of past acts
Section 18
Who pays compensation
(4) The compensation is payable by the Commonwealth.
18 Where just terms invalidity
Section applies if acquisition of property other than on just terms
(1) This section applies if the invalidity (disregarding section 14) of a
past act attributable to the Commonwealth results from a
paragraph 51(xxxi) acquisition of property by the Commonwealth
from any person having been made otherwise than on
paragraph 51(xxxi) just terms.
Entitlement to compensation
(2) The person is entitled to compensation from the Commonwealth
for the acquisition in accordance with Division 5 and, if that
compensation does not ensure that the acquisition is made on
paragraph 51(xxxi) just terms, to such additional compensation
from the Commonwealth as is necessary to ensure that it is.
Subdivision B—Acts attributable to a State or Territory
19 State/Territory acts may be validated
(1) If a law of a State or Territory contains provisions to the same
effect as sections 15 and 16, the law of the State or Territory may
provide that past acts attributable to the State or Territory are valid,
and are taken always to have been valid.
Effect of validation of law
(2) To avoid any doubt, if a past act validated by subsection (1) is the
making, amendment or repeal of legislation, subsection (1) does
not validate:
(a) the grant or issue of any lease, licence, permit or authority; or
12
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021