Native Title Part 2
Future acts etc. and native title Division 3
Section 24MD
compensation for the acquisition in accordance with
Division 5.
Note 1:
Subdivision P (which deals with the right to negotiate) applies to some
acquisitions.
Note 2:
This subsection only deals with the case where native title rights and
interests are compulsorily acquired. It is also possible for native title
rights and interests to be acquired voluntarily by means of an
indigenous land use agreement or an agreement covered by
subsection (2A). In such cases, non-native title rights and interests
could be acquired either compulsorily or by some other means (e.g.
voluntarily).
Extinguishment of native title by surrender in course of right to
negotiate process
(2A) If:
(a) notice of a proposed compulsory acquisition of native title
rights and interests is given in accordance with section 29 or
with an equivalent alternative provision applicable under
section 43 or 43A; and
(b) an agreement arose out of negotiations in relation to the
proposed compulsory acquisition of the native title rights and
interests; and
(c) the agreement includes a statement to the effect that an act
consisting of the surrender of the whole or part of the native
title rights and interests is intended to extinguish the whole or
the part of the native title rights and interests;
then:
(d) the surrender extinguishes the whole or the part of the native
title rights and interests; and
(e) no native title holder who is entitled to any benefit provided
under the agreement is entitled to any compensation for the
act under this Act, other than compensation provided for in
the agreement; and
(f) any other native title holder is entitled to compensation for
the act in accordance with Division 5.
Compilation No. 47
Native Title Act 1993
107
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents