Native Title Part 2
Future acts etc. and native title Division 3
Section 24MD
(c) the native title holders are not entitled to recover the
compensation from the lessee; and
(d) if the act is attributable to the Commonwealth—the native
title holders may recover the compensation from the Crown
in right of the Commonwealth; and
(e) if the act is attributable to a State or Territory—the native
title holders may recover the compensation from the Crown
in right of the State or Territory.
Consequences of certain acts
(6) In the case of any future act to which this Subdivision applies,
other than:
(a) an act to which Subdivision P (which deals with the right to
negotiate) applies; or
(b) an act determined under section 26A to be an approved
exploration etc. act; or
(c) an act determined under section 26B to be an approved gold
or tin mining act; or
(d) an act covered by section 26C (which deals with opal or gem
mining);
the consequences in subsections (6A) and (6B) apply.
Procedural rights
(6A) The native title holders, and any registered native title claimants in
relation to the land or waters concerned, have the same procedural
rights as they would have in relation to the act on the assumption
that they instead held ordinary title to any land concerned and to
the land adjoining, or surrounding, any waters concerned.
Other consequences
(6B) If the act is:
(a) the compulsory acquisition of native title rights and interests
for the purpose of conferring rights or interests in relation to
the land or waters concerned on persons other than the
Compilation No. 47
Native Title Act 1993
109
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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