Native Title Part 2
Determination of compensation for acts affecting native title etc. Division 5
Section 53
(c) if the trust amount is more than the amount determined—the
trustee must:
(i) pay the person so much of the trust amount as equals the
amount determined; and
(ii) refund the excess to the person who paid the trust
amount to the trustee or, if that person no longer exists,
apply to the Federal Court for a direction as to its
payment.
Paragraph (1)(d) case where non-monetary compensation
(5) In a paragraph (1)(d) case where the transfer of property or the
provision of goods or services constitutes some or all of the
compensation, the trustee must apply to the Federal Court for a
direction as to the payment of the trust amount.
Paragraph (1)(d) case where no compensation
(6) In a paragraph (1)(d) case where the determination is that no
compensation is payable or to be given to any person, the trustee
must repay the trust amount to the person who paid it to the trustee
or, if that person no longer exists, apply to the Federal Court for a
direction as to its payment.
Paragraph (1)(e) case
(7) In a paragraph (1)(e) case, the trustee must pay the trust amount in
accordance with the decision of the Federal Court mentioned in
that paragraph.
53 Just terms compensation
Entitlement to just terms compensation
(1) Where, apart from this section:
(a) the doing of any future act; or
Compilation No. 47
Native Title Act 1993
197
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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