Native Title Part 2
Validation of past acts Division 2
Section 20
(b) the creation of any interest in relation to land or waters;
under any legislation concerned, unless the grant, issue or creation
is itself a past act attributable to the State or Territory.
20 Entitlement to compensation
Compensation where validation
(1) If a law of a State or Territory validates a past act attributable to
the State or Territory in accordance with section 19, the native title
holders are entitled to compensation if they would be so entitled
under subsection 17(1) or (2) on the assumption that section 17
applied to acts attributable to the State or Territory.
Compensation where no validation
(2) Native title holders are entitled to compensation for the past act
attributable to a State or Territory that, at the time when the claim
for compensation is determined, has not been validated by the State
or Territory in accordance with section 19.
Recovery of compensation
(3) The native title holders may recover the compensation from the
State or Territory.
States or Territories may create compensation entitlement
(4) This section does not prevent a law of a State or Territory from
creating an entitlement to compensation for a past act or for the
validation of a past act.
Note:
Compilation No. 47
Paragraph 49(b) deals with the situation where there are multiple
rights to compensation under Commonwealth, State and Territory
laws.
Native Title Act 1993
13
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021