Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 20

Compensation where validation

  (1)   If a law of a State or Territory validates a past act attributable to the State or Territory in accordance with section   19, the native title holders are entitled to compensation if they would be so entitled under subsection   17(1) or (2) on the assumption that section   17 applied to acts attributable to the State or Territory.

Compensation where no validation

  (2)   Native title holders are entitled to compensation for the past act attributable to a State or Territory that, at the time when the claim for compensation is determined, has not been validated by the State or Territory in accordance with section   19.

Recovery of compensation

  (3)   The native title holders may recover the compensation from the State or Territory.

States or Territories may create compensation entitlement

  (4)   This section does not prevent a law of a State or Territory from creating an entitlement to compensation for a past act or for the validation of a past act.

Note:   Paragraph   49(b) deals with the situation where there are multiple rights to compensation under Commonwealth, State and Territory laws.