Document ID: chunk:federal_register_of_legislation:C2024C00224:section:24md:p3
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 24MD (pt 3/5)
Character Range: 195275–197959

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
 (b) the land or waters concerned are to any extent the subject of a non‑exclusive agricultural lease or a non‑exclusive pastoral lease;
then, despite subsection (4):
 (c) the native title holders are not entitled to recover the compensation from the lessee; and
 (d) if the act is attributable to the Commonwealth—the native title holders may recover the compensation from the Crown in right of the Commonwealth; and
 (e) if the act is attributable to a State or Territory—the native title holders may recover the compensation from the Crown in right of the State or Territory.

Consequences of certain acts
 (6) In the case of any future act to which this Subdivision applies, other than:
 (a) an act to which Subdivision P (which deals with the right to negotiate) applies; or
 (b) an act determined under section 26A to be an approved exploration etc. act; or
 (c) an act determined under section 26B to be an approved gold or tin mining act; or
 (d) an act covered by section 26C (which deals with opal or gem mining);
the consequences in subsections (6A) and (6B) apply.

Procedural rights
 (6A) The native title holders, and any registered native title claimants in relation to the land or waters concerned, have the same procedural rights as they would have in relation to the act on the assumption that they instead held ordinary title to any land concerned and to the land adjoining, or surrounding, any waters concerned.

Other consequences
 (6B) If the act is:
 (a) the compulsory acquisition of native title rights and interests for the purpose of conferring rights or interests in relation to the land or waters concerned on persons other than the Commonwealth, the State or the Territory to which the act is attributable; or
 (b) the creation or variation of a right to mine for the sole purpose of the construction of an infrastructure facility (see section 253) associated with mining;
the following consequences also apply:
 (c) the Commonwealth, the State or the Territory to which the act is attributable must notify each of the following:
 (i) any registered native title claimant (a claimant) in relation to the land or waters; and
 (ii) any registered native title body corporate (a body corporate), in relation to the land or waters; and
 (iii) any representative Aboriginal/Torres Strait Islander body in relation to the land or waters; and
 (iv) the Registrar;
  that the act is to be done; and
 (d) any claimant or body