Part 2 Native Title
Division 2A Validation of intermediate period acts etc.
Section 22C
22C Preservation of beneficial reservations and conditions
If:
(a) an intermediate period act attributable to the Commonwealth
contains a reservation or condition for the benefit of
Aboriginal peoples or Torres Strait Islanders; or
(b) the doing of an intermediate period act attributable to the
Commonwealth would affect rights or interests (other than
native title rights and interests) of Aboriginal peoples or
Torres Strait Islanders (whether arising under legislation, at
common law or in equity and whether or not rights of usage);
nothing in section 22B affects that reservation or condition or those
rights or interests.
22D Entitlement to compensation
(1) If an intermediate period act is an act attributable to the
Commonwealth, the native title holders are entitled to
compensation for the act.
Who pays compensation
(2) The compensation is payable by the Commonwealth.
22E Where “just terms” invalidity
Section applies if acquisition of property other than on just terms
(1) This section applies if the invalidity (disregarding section 22A) of
an intermediate period act attributable to the Commonwealth
results from a paragraph 51(xxxi) acquisition of property by the
Commonwealth from any person having been made otherwise than
on paragraph 51(xxxi) just terms.
Entitlement to compensation
(2) The person is entitled to compensation from the Commonwealth
for the acquisition in accordance with Division 5 and, if that
compensation does not ensure that the acquisition is made on
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Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021