Part 2 Native Title
Division 3 Future acts etc. and native title
Section 24NA
holders of non-native title rights and interests when their
rights and interests are acquired;
then the compulsory acquisition extinguishes the whole or the part
of the native title rights and interests.
Non-extinguishment principle
(4) In the case of any other future act to which this Subdivision
applies, the non-extinguishment principle applies to the act.
Compensation where compulsory acquisition
(5) If this Subdivision applies to a future act consisting of the
compulsory acquisition of the whole or part of any native title
rights and interests:
(a) if compensation on just terms is provided under a law of the
Commonwealth, a State or a Territory to the native title
holders for the acquisition, and they request that the whole or
part of any such compensation should be in a form other than
money, the person providing the compensation must:
(i) consider the request; and
(ii) negotiate in good faith in relation to the request; and
(b) if compensation on just terms is not provided under a law of
the Commonwealth, a State or Territory to the native title
holders for the acquisition, they are entitled to compensation
for the acquisition in accordance with Division 5.
Compensation for other acts
(6) In the case of any other future act to which this Subdivision
applies, the native title holders are entitled to compensation for the
act in accordance with Division 5.
Who pays compensation
(7) The native title holders may recover the compensation from:
(a) if the act is attributable to the Commonwealth:
114
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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