New South Wales Consolidated Acts

LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 7A

7A Authority empowered to acquire native title

(1) An authority of the State that is authorised by law to acquire land by compulsory process in accordance with this Act is authorised to acquire native title rights and interests in relation to the land in the same way that other interests in the land may be acquired.

(2) For the purposes of any such acquisition of native title rights and interests, the authority of the State is, despite any provision of this or any other Act to the contrary, authorised to comply with any relevant procedure under the Commonwealth Native Title Act for a valid acquisition of those rights and interests.

Relevant procedures under the NTA include the following different procedures:

(a) the right to negotiate procedure under Subdivision P of Division 3 of Part 2,

(b) the procedure under section 24MD (6B),

(c) the procedure under an indigenous land use agreement.

Section 26 NTA makes provision with respect to the application of the right to negotiate procedure--see section 26 (1) (c) (iii) (A) NTA with respect to compulsory acquisitions that confer rights on a Government party. Section 24MD NTA sets out a number of requirements for extinguishment of native title by compulsory acquisition that passes the freehold test (including the need to acquire the whole or relevant part of all non-native title rights and interests--see subsection (2) (b)).