Part 2 Native Title Division 4 Other provisions relating to native title Section 46 Recovery of compensation (2) If the act took place before 1 January 1994 and is attributable to the Commonwealth, a State or a Territory, the native title holders may recover the compensation from the Commonwealth, the State or the Territory, as the case requires. 46 Effect of grant of leases and licences validated by McArthur River legislation The non-extinguishment principle applies to: (a) the granting of the mineral leases and exploration licences validated by section 3 of the McArthur River Project Agreement Ratification Amendment Act 1993 of the Northern Territory; and (b) the granting of the mineral lease and exploration licence by section 4A of the McArthur River Project Agreement Ratification Act 1992 of the Northern Territory. 47 Pastoral leases held by native title claimants When section applies (1) This section applies if: (a) an application under section 61 is made in relation to an area; and (b) when the application is made, a pastoral lease is held over the area by: (i) any of the persons who made the application claiming to hold the native title or any other persons with whom they claimed to hold the title; or (ii) a trustee, on trust for any of those persons; or (iii) a company whose only shareholders or, in the case of a body corporate without shareholders, members are any of those persons. 176 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021