(1) If compensation is
payable to native title holders for or in respect of the grant of an
authorisation, the person liable to pay the compensation is —
(a) if
an amount is to be paid and held in trust, the applicant for the grant of, or
the holder of, the authorisation at the time the amount is required to be
paid; or
(b)
otherwise, the applicant for the grant of, or the holder of, the authorisation
at the time a determination of compensation is made.
(2) If, at the
relevant time, there is no holder of the authorisation because the
authorisation has been surrendered or cancelled or has expired, a reference in
subsection (1) to the holder of the authorisation is a reference to the holder
of the authorisation immediately before its surrender, cancellation or expiry.
(3) In this section
—
authorisation means a permit, lease, licence,
infrastructure licence, pipeline licence, special prospecting authority or
access authority;
native title holders has the same meaning as in
the Native Title Act 1993 of the Commonwealth.
[Section 124A inserted: No. 61 of 1998 s. 18;
amended: No. 42 of 2010 s. 154.]