Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 52

52.(1) This section applies if compensation (the "negotiated compensation") in
respect of a proposed act is being held in trust in accordance with subsection
41(3) or paragraph 42(5)(b) and any of the following happens:

   (a)  an approved determination of native title is made to the effect that
        there is no native title in relation to the area concerned immediately
        before the act takes place;

   (b)  the Government party informs the trustee in writing that it no longer
        proposes to do the act;

   (c)  the following requirements are satisfied:

        (i)    an approved determination of native title is made to the effect
               that the native title parties concerned are (disregarding any
               holding of the native title in trust under Division 6) the
               native title holders in relation to the area affected by the
               act; and

        (ii)   the registered native title body corporate advises the trustee
               that it wishes to accept the negotiated compensation instead of
               any compensation to which the native title holders may be
               entitled under Division 2, 3 or 4 for the act;

   (d)  a determination is made, on a claim for compensation in respect of the
        act:

        (i)    in accordance with this Division; or

        (ii)   on just terms under a Compulsory Acquisition Act; that a person
               is entitled to compensation, or that no compensation is payable
               to any person;

   (e)  none of paragraphs (a), (b), (c) and (d) applies and the Federal Court
        decides, on application by any person, that it would be just and
        equitable in all the circumstances to pay the negotiated compensation
        to that person or another person. Paragraph (1)(a) or (b) case

(2) In a paragraph (1)(a) or (b) case, the trustee must:

   (a)  repay the negotiated compensation to the person who paid it to the
        trustee; or

   (b)  if that person no longer exists-apply to the Federal Court for a
        direction as to the payment of the negotiated compensation. Paragraph
        (1)(c) case

(3) In a paragraph (1)(c) case:

   (a)  the trustee must pay the negotiated compensation to the body
        corporate; and

   (b)  subject to section 53, there is no entitlement to compensation under
        Division 2, 3 or 4 for the act. Paragraph (1)(d) case where monetary
        compensation

(4) In a paragraph (1)(d) case where the determination is that a person is
entitled to an amount of monetary compensation:

   (a)  if the negotiated compensation is the same as the amount
        determined-the trustee must pay the negotiated compensation to the
        person; or

   (b)  if the negotiated compensation is less than the amount determined-the
        trustee must pay the negotiated compensation to the person and the
        Government party must pay the shortfall to the person; or

   (c)  if the negotiated compensation is more than the amount determined-the
        trustee must:

        (i)    pay the person so much of the negotiated compensation as equals
               the amount determined; and

        (ii)   refund the excess to the person who paid the negotiated
               compensation to the trustee or, if that person no longer
               exists, apply to the Federal Court for a direction as to its
               payment. Paragraph (1)(d) case where non-monetary compensation

(5) In a paragraph (1)(d) case where the transfer of property or the provision
of goods or services constitutes some or all of the compensation, the trustee
must apply to the Federal Court for a direction as to the payment of the
negotiated compensation. Paragraph (1)(d) case where no compensation

(6) In a paragraph (1)(d) case where the determination is that no compensation
is payable or to be given to any person, the trustee must repay the negotiated
compensation to the person who paid it to the trustee or, if that person no
longer exists, apply to the Federal Court for a direction as to its payment.
Paragraph (1)(e) case

(7) In a paragraph (1)(e) case, the trustee must pay the negotiated
compensation in accordance with the decision of the Federal Court mentioned in
that paragraph.