Document ID: chunk:federal_register_of_legislation:C2024C00224:section:24jaa:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 24JAA (pt 2/4)
Character Range: 167671–170419

in, or in the vicinity of, the area;
 (b) any of the following that benefit those people:
 (i) public education facilities;
 (ii) public health facilities;
 (iii) police facilities;
 (iv) emergency facilities;
 (c) staff housing provided in connection with housing or facilities covered by paragraph (a) or (b);
 (d) any of the following provided in connection with housing or facilities covered by paragraph (a), (b) or (c):
 (i) things listed in subsection 24KA(2);
 (ii) sewerage treatment facilities;
 (iii) things prescribed by the regulations.
Note: This subsection does not mean that facilities that benefit Aboriginal people or Torres Strait Islanders could not also benefit other people.

Validation of act
 (4) If this Subdivision applies to a future act, then, subject to subsections (5) and (6), the act is valid.
 (5) An act to which this Subdivision applies is invalid to the extent that it affects native title unless:
 (a) if the act is covered by subparagraph (1)(c)(i)—before it is done; or
 (b) if the act is covered by subparagraph (1)(c)(ii)—before it is commenced;
the action body:
 (c) gives notice of, and an opportunity to comment on, the act in accordance with subsections (10) to (12); and
 (d) provides a report to the Commonwealth Minister in accordance with subsection (16).
 (6) An act to which this Subdivision applies is invalid to the extent that it affects native title if:
 (a) if the act is covered by subparagraph (1)(c)(i)—it is done before; or
 (b) if the act is covered by subparagraph (1)(c)(ii)—it is commenced before;
the end of the consultation period.

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

Compensation
 (8) 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
 (9) 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.

Notice
 (10) The action body must:
 (a) notify each of the following, in the way determined, by legislative instrument, by the Commonwealth Minister, that the