Native Title Part 2 Determination of compensation for acts affecting native title etc. Division 5 Section 51A person or body to determine instead that the whole or the part of the compensation concerned is to consist of the payment of money. Where recommendation complied with (8) If the person does transfer the property or provide the goods or services in accordance with the recommendation, the transfer of the property or provision of the goods or services constitutes full compensation for the act, and the entitlement to it is taken to have been determined in accordance with this Division. 51A Limit on compensation Compensation limited by reference to freehold estate (1) The total compensation payable under this Division for an act that extinguishes all native title in relation to particular land or waters must not exceed the amount that would be payable if the act were instead a compulsory acquisition of a freehold estate in the land or waters. This section is subject to section 53 (2) This section has effect subject to section 53 (which deals with the requirement to provide “just terms” compensation). 52 Bank guarantee required under right to negotiate procedures (1) This section applies if a condition to be complied with under: (a) a determination made under section 36A; or (b) a determination made under section 38; or (c) a declaration made under section 42; in respect of an act is that an amount is to be secured by bank guarantee given by an authorised deposit-taking institution within the meaning of the Banking Act 1959 (an ADI) in favour of the Registrar. Compilation No. 47 Native Title Act 1993 189 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021