Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_24ka:p2
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 24KA (pt 2/3)
Character Range: 117091–119802

the things mentioned in the paragraphs above.

Validation of act

 (3) If this Subdivision applies to a future act, the act is valid.

Non‑extinguishment principle

 (4) The non‑extinguishment principle applies to the act.

Compensation

 (5) If any native title holders would be entitled to compensation under subsection 17(2) for the act on the assumption that it was a past act referred to in that section, the native title holders are entitled to compensation for the act in accordance with Division 5.

Who pays compensation

 (6) 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.

Procedural rights

 (7) The native title holders, and any registered native title claimants in relation to land or waters in the area concerned, have the same procedural rights as they would have in relation to the act on the assumption that they instead held:
 (a) to the extent (if any) that the land concerned is covered by a non‑exclusive agricultural lease (see section 247B) or a non‑exclusive pastoral lease (see section 248B)—a lease of that kind; or
 (b) to the extent (if any) that paragraph (a) does not apply—ordinary title;
covering any land concerned or covering the land adjoining, or surrounding, any waters concerned.

Native title rights and interests to be considered

 (7A) If, in the exercise of those procedural rights, the native title holders are entitled to have matters considered, those matters include their native title rights and interests.

Satisfying the right to be notified

 (8) If:
 (a) because of subsection (7) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to notify them of the act; and
 (b) there has been no approved determination of the native title;
then one way in which the person may give the required notification is by notifying, in the way determined in writing by the Commonwealth Minister for the purposes of this subsection the following that the act is to take place:
 (c) any representative Aboriginal/Torres Islander bodies for the area concerned;
 (d) any registered native title claimants in relation to land or waters in the area