Native Title Part 2
Confirmation of past extinguishment of native title by certain valid or validated acts
Division 2B
Section 23I
(b) they must be given an opportunity to comment on the act or
class of acts.
23I Confirmation of partial extinguishment of native title by
previous non-exclusive possession acts of State or
Territory
If a law of a State or Territory contains provisions to the same
effect as sections 23H and 23HA, the law of the State or Territory
may make provision to the same effect as section 23G in respect of
all or any previous non-exclusive possession acts attributable to the
State or Territory.
23J Compensation
Entitlement
(1) The native title holders are entitled to compensation in accordance
with Division 5 for any extinguishment under this Division of their
native title rights and interests by an act, but only to the extent (if
any) that the native title rights and interests were not extinguished
otherwise than under this Act.
Commonwealth acts
(2) If the act is attributable to the Commonwealth, the compensation is
payable by the Commonwealth.
State and Territory acts
(3) If the act is attributable to a State or Territory, the compensation is
payable by the State or Territory.
23JA Attribution of certain acts
If:
(a) a previous exclusive possession act or a previous
non-exclusive possession act took place before the
Compilation No. 47
Native Title Act 1993
31
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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