Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 41

41.(1) Subject to this section:

   (a)  a determination by the arbitral body; or

   (b)  an agreement, a copy of which is given to the arbitral body under
        section 34; that the proposed act may be done subject to conditions
        being complied with by the parties has effect, if the act is done, as
        if the conditions were terms of a contract among the negotiation
        parties. The effect is in addition to any other effect that the
        agreement or determination may have apart from this subsection. Other
        negotiation parties

(2) Where a native title party is a registered native title claimant, any
other person (except a registered native title claimant) with whom the
claimant claimed to hold the native title concerned is taken to be a
negotiation party for the purposes only of subsection (1). Determined
compensation to be held in trust

(3) Subject to subsection (4), in the case of a determination by the
arbitral body, if the conditions require the Government party or any grantee
party to pay compensation to any native title party, the compensation is held
in trust, in accordance with the regulations, until it is paid in accordance
with section 52. Final determinations of compensation do not require a trust

(4) Subsection (3) does not apply if the determination by the arbitral body
is:

   (a)  a determination of compensation in accordance with Division 5; or

   (b)  a determination of compensation on just terms for an acquisition of
        native title rights and interests under a Compulsory Acquisition Act.