Queensland Consolidated Acts

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MINERAL RESOURCES ACT 1989 - SECT 707

707 Native title compensation

(1) An entity is entitled to compensation for the effect of a relevant act on the entity's native title rights and interests, including for activities carried out under the mining tenement the subject of the relevant act as a result of the relevant act.

(2) However, the entity may receive compensation only in a way provided for in this part.

(3) Nothing in subsections (1) and (2) stops--

(a) compensation from being agreed to before a relevant act is done, based on the expected effect of the relevant act on an entity's native title rights and interests; or
(b) a compensation decision or compensation trust decision being made, in accordance with the requirements of the native title provisions, including this part, before a relevant act is done, having regard to the expected effect of the relevant act on an entity's native title rights and interests.

(4) Subject to the provisions of this part under which the tribunal may require the State to pay an amount of compensation in relation to a relevant act, the tribunal may order only the following to pay an amount under a compensation decision or compensation trust decision for a relevant act--

(a) the applicant for, or the holder for the time being of, the mining tenement the subject of the relevant act;
(b) another entity, if the tribunal considers that it would be just and equitable that the entity should be ordered to pay the amount, having regard to the circumstances of the entity's past or present, direct or indirect, financial or other connection with--
(i) the relevant act, including the activities carried out under the mining tenement the subject of the relevant act; or
(ii) an entity that is or was the holder of the mining tenement the subject of the relevant act.

(5) There is no entitlement to be compensated more than once for the effect on native title rights and interests of an act if compensation has already been provided under this part for what is essentially the same effect of the same act.

(5A) Without limiting subsection (1), the tribunal, in arriving at a compensation decision or compensation trust decision, must apply all relevant principles applicable under this Act for deciding amounts of compensation.

(6) The tribunal must not, in relation to any part of the land the subject of a relevant act relating to a mining claim or mining lease, make more than 1 compensation trust decision for the relevant act.



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