Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Entitlement to "just terms" compensation
(1) If, apart from this item, the application of any of the provisions of this Act in any particular case would result in a paragraph 51(xxxi) acquisition of property of a person other than on paragraph 51(xxxi) just terms, the person is entitled to such compensation, or compensation in addition to any otherwise provided by the Native Title Act 1993 , from:
(a) if the compensation is in respect of a future act attributable to a State or a Territory--the State or Territory; or
(b) in any other case--the Commonwealth;
as is necessary to ensure that the acquisition is made on paragraph 51(xxxi) just terms.
(2) The Federal Court has jurisdiction with respect to matters arising under subitem (1) and that jurisdiction is exclusive of the jurisdiction of all other courts except the High Court.
2 Validating section 31 agreements made on or before commencement
(1) This item applies if:
(a) an agreement in relation to the doing of an act was made or purported to be made before the commencement of this item; and
(b) the agreement purported to be an agreement of the kind mentioned in paragraph 31(1)(b) of the Native Title Act 1993 ; and
(c) the agreement was not an agreement of that kind made in relation to the act only because:
(i) if there was only one registered native title claimant in relation to land or waters affected by the act--not all of the persons who comprised that registered native title claimant were parties to the agreement; or
(ii) if there was more than one registered native title claimant in relation to land or waters affected by the act--not all of the persons who comprised those registered native title claimants were parties to the agreement; and
(d) for each registered native title claimant in relation to any land or waters affected by the act, at least one of the persons who comprised that registered native title claimant was a party to the agreement.
(2) The agreement is taken to be, and always to have been, an agreement of the kind mentioned in paragraph 31(1)(b) of the Native Title Act 1993 made in relation to the act.
(3) Without limiting subsection 11B(2) of the Acts Interpretation Act 1901 , an expression used in this item has the same meaning as in the Native Title Act 1993 (as in force immediately before the commencement of this item).