New South Wales Consolidated Acts

TWEED RIVER ENTRANCE SAND BYPASSING ACT 1995 - SECT 12

12 Right to compensation for acquisition of certain claimable Crown lands

(1) In this section, "claimable Crown Lands" has the same meaning as in section 36 (1) of the Aboriginal Land Rights Act 1983 .

(2) Any claim under Part 6 of the Aboriginal Land Rights Act 1983 made in respect of land that has been acquired for the purposes of the works and that was claimable Crown land when the claim was made, may be determined under the Aboriginal Land Rights Act 1983 as if the land had not been so acquired.

(3) However, land so acquired is not to be transferred under section 36 of the Aboriginal Land Rights Act 1983 . A claimant to whom land would, but for this subsection, be transferred under section 36 of that Act is entitled to compensation as if the claimant held, at the date of the acquisition, an estate in fee simple in the land.

(4) The compensation is to be determined as if the land had been acquired in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .

(5) For the purposes of subsection (3), the Land and Environment Court may make an order for compensation if any such claim is determined by the Court.

(6) This section applies to any such claim whether the claim was made before or after the commencement of this section.