Part 2 Native Title
Division 5 Determination of compensation for acts affecting native title etc.
Section 52
Directions to ADI and payments to ultimate beneficiaries
(2) The Registrar must take the action set out in column 3 of the
following table in the circumstances set out in column 2 of the
table:
Directions to ADI and payments to ultimate beneficiaries
Item
If:
the Registrar must:
1
an approved determination of
native title is made to the effect
that there is no native title in
relation to the area concerned
immediately before the act
takes place
direct the ADI to cancel
the bank guarantee.
2
the Government party informs
the Registrar in writing that it is
not going to do the act
(a) an approved determination
of native title is made to the
effect that the native title
parties concerned are
(disregarding any holding of
the native title in trust under
Division 6) the native title
holders in relation to the
area affected by the act; and
(b) the registered native title
body corporate advises the
Registrar that it wishes to
accept the amount instead of
any compensation to which
the native title holders may
be entitled under Division 3
for the act; and
(c) the person who secured the
amount by bank guarantee
advises the Registrar that
the person agrees to the
registered native title body
direct the ADI to cancel
the bank guarantee.
3
190
Compilation No. 47
(a) direct the ADI to pay
the amount secured to
the Registrar; and
(b) pay that amount to the
registered native title
body corporate in
relation to the area
concerned.
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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