Part 2 Native Title
Division 3 Future acts etc. and native title
Section 24KA
(m) any other thing that is similar to any one or more of the
things mentioned in the paragraphs above.
Validation of act
(3) If this Subdivision applies to a future act, the act is valid.
Non-extinguishment principle
(4) The non-extinguishment principle applies to the act.
Compensation
(5) If any native title holders would be entitled to compensation under
subsection 17(2) for the act on the assumption that it was a past act
referred to in that section, the native title holders are entitled to
compensation for the act in accordance with Division 5.
Who pays compensation
(6) The native title holders may recover the compensation from:
(a) if the act is attributable to the Commonwealth:
(i) if a law of the Commonwealth provides that a person
other than the Crown in right of the Commonwealth is
liable to pay the compensation—that person; or
(ii) if not—the Crown in right of the Commonwealth; or
(b) if the act is attributable to a State or Territory:
(i) if a law of the State or Territory provides that a person
other than the Crown in any capacity is liable to pay the
compensation—that person; or
(ii) if not—the Crown in right of the State or Territory.
Procedural rights
(7) The native title holders, and any registered native title claimants in
relation to land or waters in the area concerned, have the same
procedural rights as they would have in relation to the act on the
assumption that they instead held:
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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
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