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

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