Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_23j
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 23J
Character Range: 32051–33577

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 establishment of a particular State, the Jervis Bay Territory, the Australian Capital Territory or the Northern Territory; and
 (b) the act affected land or waters that, when this section commences, form part of the State or Territory;
then, for the purposes of this Division, the act is taken to be attributable to:
 (c) the State; or
 (d) if the Territory is the Jervis Bay Territory—the Commonwealth; or
 (e) if the Territory is the Australian Capital Territory or the Northern Territory—that Territory.

Note: The meaning given to the expression attributable by section 239 will apply for the purposes of this Division to all other previous exclusive and non‑exclusive possession acts.

Division 3—Future acts etc. and native title

Subdivision A—Preliminary