Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_24md:p2
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 24MD (pt 2/5)
Character Range: 127801–130509

an indigenous land use agreement or an agreement covered by subsection (2A). In such cases, non-native title rights and interests could be acquired either compulsorily or by some other means (e.g. voluntarily).

Extinguishment of native title by surrender in course of right to negotiate process

 (2A) If:
 (a) notice of a proposed compulsory acquisition of native title rights and interests is given in accordance with section 29 or with an equivalent alternative provision applicable under section 43 or 43A; and
 (b) an agreement arose out of negotiations in relation to the proposed compulsory acquisition of the native title rights and interests; and
 (c) the agreement includes a statement to the effect that an act consisting of the surrender of the whole or part of the native title rights and interests is intended to extinguish the whole or the part of the native title rights and interests;
then:
 (d) the surrender extinguishes the whole or the part of the native title rights and interests; and
 (e) no native title holder who is entitled to any benefit provided under the agreement is entitled to any compensation for the act under this Act, other than compensation provided for in the agreement; and
 (f) any other native title holder is entitled to compensation for the act in accordance with Division 5.

Non‑extinguishment and compensation

 (3) In the case of any future act to which this Subdivision applies that is not covered by subsection (2) or (2A):
 (a) the non‑extinguishment principle applies to the act; and
 (b) if the following conditions are satisfied:
 (i) the similar compensable interest test is satisfied in relation to the act; and
 (ii) the law mentioned in section 240 (which defines similar compensable interest test) does not provide for compensation to the native title holders for the act;
  the native title holders are entitled to compensation for the act in accordance with Division 5.

Who pays compensation

 (4) 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.

Exception for certain lessees

 (5) If:
 (a) the act is the compulsory acquisition of the whole or part of any native title rights and interests; and