Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 51

51.(1) Subject to subsection (3), the entitlement to compensation under
Division 2, 3 or 4 is an entitlement on just terms to compensate the native
title holders for any loss, diminution, impairment or other effect of the act
on their native title rights and interests. Acquisition under Compulsory
Acquisition Act

(2) If the act is the acquisition under a Compulsory Acquisition Act of all or
any of the native title rights and interests of the native title holders, the
court, person or body making the determination of compensation on just terms
may, subject to subsections (5) to (8), in doing so have regard to any
principles or criteria set out in that Act for determining compensation.
Compensation where similar compensable interest test satisfied

(3) If:

   (a)  the act is not the acquisition under a Compulsory Acquisition Act of
        all or any of the native title rights and interests; and

   (b)  the similar compensable interest test is satisfied in relation to the
        act; the court, person or body making the determination of
        compensation must, subject to subsections (5) to (8), in doing so
        apply any principles or criteria for determining compensation (whether
        or not on just terms) set out
in the law mentioned in section 240 (which defines "similar compensable
interest test"). Compensation not covered by subsection (2) or (3)

(4) If:

   (a)  neither subsection (2) nor (3) applies; and

   (b)  there is a Compulsory Acquisition Act for the Commonwealth (if the act
        giving rise to the entitlement is attributable to the Commonwealth) or
        for the State or Territory to which the act is attributable; the
        court, person or body making the determination of compensation on just
        terms may, subject to subsections (5) to (8), in doing so have regard
        to any principles or criteria set out in that Act for determining
        compensation. Monetary compensation

(5) Subject to subsection (6), the compensation may only consist of the
payment of money. Requests for non-monetary compensation

(6) If the person claiming to be entitled to the compensation requests that
the whole or part of the compensation should consist of the transfer of
property or the provision of goods or services, the court, person or body:

   (a)  must consider the request; and

   (b)  may, instead of determining the whole or any part of the compensation,
        recommend that the person liable to give the compensation should,
        within a specified period, transfer property or provide goods or
        services in accordance with the recommendation. Where recommendation
        not complied with

(7) If the person does not transfer the property or provide the goods or
services in accordance with the recommendation, the person claiming to be
entitled to the compensation may request the court, person or body to
determine instead that the whole or the part of the compensation concerned is
to consist of the payment of money. Where recommendation complied with

(8) If the person does transfer the property or provide the goods or services
in accordance with the recommendation, the transfer of the property or
provision of the goods or services constitutes full compensation for the act,
and the entitlement to it is taken to have been determined in accordance with
this Division.