Part 2 Native Title Division 5 Determination of compensation for acts affecting native title etc. Section 51 (whether or not on just terms) set out in the law mentioned in section 240 (which defines similar compensable interest test). Compensation not covered by subsection (2) or (3) (4) If: (a) neither subsection (2) nor (3) applies; and (b) there is a compulsory acquisition law for the Commonwealth (if the act giving rise to the entitlement is attributable to the Commonwealth) or for the State or Territory to which the act is attributable; the court, person or body making the determination of compensation on just terms may, subject to subsections (5) to (8), in doing so have regard to any principles or criteria set out in that law for determining compensation. Monetary compensation (5) Subject to subsection (6), the compensation may only consist of the payment of money. Requests for non-monetary compensation (6) If the person claiming to be entitled to the compensation requests that the whole or part of the compensation should consist of the transfer of property or the provision of goods or services, the court, person or body: (a) must consider the request; and (b) may, instead of determining the whole or any part of the compensation, recommend that the person liable to give the compensation should, within a specified period, transfer property or provide goods or services in accordance with the recommendation. Where recommendation not complied with (7) If the person does not transfer the property or provide the goods or services in accordance with the recommendation, the person claiming to be entitled to the compensation may request the court, 188 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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