Part 2 Native Title
Division 5 Determination of compensation for acts affecting native title etc.
Section 52A
(d) a determination is made, on a claim for compensation in
respect of the act:
(i) in accordance with this Division; or
(ii) on just terms under a compulsory acquisition law;
that a person is entitled to compensation, or that no
compensation is payable to any person;
(e) none of paragraphs (a), (b), (c) and (d) applies and the
Federal Court decides, on application by any person, that it
would be just and equitable in all the circumstances to pay
the trust amount to that person or another person.
Paragraph (1)(a) or (b) case
(2) In a paragraph (1)(a) or (b) case, the trustee must:
(a) repay the trust amount to the person who paid it to the
trustee; or
(b) if that person no longer exists—apply to the Federal Court
for a direction as to the payment of the trust amount.
Paragraph (1)(c) case
(3) In a paragraph (1)(c) case:
(a) the trustee must pay the trust amount to the body corporate;
and
(b) subject to section 53, there is no entitlement to compensation
under Division 3 for the act.
Paragraph (1)(d) case where monetary compensation
(4) In a paragraph (1)(d) case where the determination is that a person
is entitled to an amount of monetary compensation:
(a) if the trust amount is the same as the amount determined—
the trustee must pay the trust amount to the person; or
(b) if the trust amount is less than the amount determined—the
trustee must pay the trust amount to the person and the
Government party must pay the shortfall to the person; or
196
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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