Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen section applies
(1) This section applies if an amount (the trust amount ) in respect of an act is being held in trust in accordance with paragraph 36C(5B)(b), subsection 41(5) or paragraph 42(5B)(b) and any of the following happens:
(a) an approved determination of native title is made to the effect that there is no native title in relation to the area concerned immediately before the act takes place;
(b) the Government party informs the trustee in writing that it is not going to do the act;
(c) the following requirements are satisfied:
(i) an approved determination of native title is made to the effect that the native title parties concerned are (disregarding any holding of the native title in trust under Division 6) the native title holders in relation to the area affected by the act;
(ii) the registered native title body corporate advises the trustee that it wishes to accept the trust amount instead of any compensation to which the native title holders may be entitled under Division 3 for the act;
(iii) the person who paid the trust amount advises the trustee that the person agrees to the registered native title body corporate accepting the trust amount instead of any compensation to which the native title holders may be entitled under Division 3 for the act;
(d) a determination is made, on a claim for compensation in respect of the act:
(i) in accordance with this Division; or
(ii) on just terms under a compulsory acquisition law;
that a person is entitled to compensation, or that no compensation is payable to any person;
(e) none of paragraphs (a), (b), (c) and (d) applies and the Federal Court decides, on application by any person, that it would be just and equitable in all the circumstances to pay the trust amount to that person or another person.
Paragraph (1)(a) or (b) case
(2) In a paragraph (1)(a) or (b) case, the trustee must:
(a) repay the trust amount to the person who paid it to the trustee; or
(b) if that person no longer exists--apply to the Federal Court for a direction as to the payment of the trust amount.
Paragraph (1)(c) case
(3) In a paragraph (1)(c) case:
(a) the trustee must pay the trust amount to the body corporate; and
(b) subject to section 53, there is no entitlement to compensation under Division 3 for the act.
Paragraph (1)(d) case where monetary compensation
(4) In a paragraph (1)(d) case where the determination is that a person is entitled to an amount of monetary compensation:
(a) if the trust amount is the same as the amount determined--the trustee must pay the trust amount to the person; or
(b) if the trust amount is less than the amount determined--the trustee must pay the trust amount to the person and the Government party must pay the shortfall to the person; or
(c) if the trust amount is more than the amount determined--the trustee must:
(i) pay the person so much of the trust amount as equals the amount determined; and
(ii) refund the excess to the person who paid the trust amount to the trustee or, if that person no longer exists, apply to the Federal Court for a direction as to its payment.
Paragraph (1)(d) case where non - monetary compensation
(5) In a paragraph (1)(d) case where the transfer of property or the provision of goods or services constitutes some or all of the compensation, the trustee must apply to the Federal Court for a direction as to the payment of the trust amount.
Paragraph (1)(d) case where no compensation
(6) In a paragraph (1)(d) case where the determination is that no compensation is payable or to be given to any person, the trustee must repay the trust amount to the person who paid it to the trustee or, if that person no longer exists, apply to the Federal Court for a direction as to its payment.
Paragraph (1)(e) case
(7) In a paragraph (1)(e) case, the trustee must pay the trust amount in accordance with the decision of the Federal Court mentioned in that paragraph.