Part 2 Native Title
Division 3 Future acts etc. and native title
Section 43A
held ordinary title to any land concerned and to the land
adjoining, or surrounding, any waters concerned.
Meaning of determination
(5) In paragraph (4)(g):
determination includes recommendation.
in the interests of the State or the Territory includes:
(a) for the social or economic benefit of the State or the Territory
(including of Aboriginal peoples and Torres Strait Islanders);
and
(b) in the interests of the relevant region or locality in the State
or the Territory.
Requirement to be satisfied: compensation
(6) For the purposes of paragraph (1)(b), the alternative provisions
comply with this subsection if, in the opinion of the
Commonwealth Minister, they provide for compensation for the
effect of the act on native title to be payable and for any dispute
about the compensation to be determined by an independent person
or body.
Requirement to be satisfied: preservation of areas of significance
(7) For the purposes of paragraph (1)(b), the requirements of this
subsection are complied with if, in the opinion of the
Commonwealth Minister, a law of the Commonwealth, the State or
the Territory provides, for the whole of the land or waters to which
the alternative provisions relate, in relation to the preservation or
protection of areas, or sites, that may be of particular significance
to Aboriginal peoples or Torres Strait Islanders in accordance with
their traditions.
Different provisions for different kinds of land or waters
(8) Laws of a State or Territory may make different provision under
subsection (1) in relation to different kinds of land or waters.
166
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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