Part 2 Native Title
Division 3 Future acts etc. and native title
Section 24EB
Restriction on compensation where Subdivision C agreement
(5) In the case of an agreement under Subdivision C, the following are
not entitled to any compensation for the act under this Act, other
than compensation provided for in the agreement:
(a) any native title holder who is entitled to any of the benefits
provided under the agreement;
(b) any native title holder who authorised the making of the
agreement as mentioned in:
(i) if the application was certified by representative
Aboriginal/Torres Strait Islander bodies as mentioned in
paragraph 24CG(3)(a)—paragraph 203BE(5)(b); or
(ii) if the application included statements as mentioned in
paragraph 24CG(3)(b) to the effect that certain
requirements have been met (in summary, relating to
identifying all native title holders and ensuring that they
have authorised the making of the agreement)—that
paragraph.
Restriction on compensation where Subdivision D agreement
(6) In the case of an agreement under Subdivision D, no native title
holder who is entitled to any of the benefits provided under the
agreement is entitled to any compensation for the act under this
Act, other than compensation provided for in the agreement.
Compensation under Division 5
(7) If any native title holder in relation to the land or waters covered
by the agreement (except one who, because of subsection (4), (5)
or (6), is not entitled to compensation other than that provided for
in the agreement) would be entitled to compensation under
subsection 17(2) for the act on the assumption that it was a past act
referred to in that subsection:
(a) he or she is entitled, in accordance with Division 5, to
compensation for the act; and
(b) he or she may recover the compensation from:
66
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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