40Compulsory acquisition where right to negotiate applies

40 Compulsory acquisition where right to negotiate applies (1) This section applies in relation to the following: (a) a proposal to compulsorily acquire native title rights and interests where: (i) the proposal relates to an alternative provision area; (ii) the proposed acquisition is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies; and (iii) a notice under section 29 of the Native Title Act is given before a determination under section 43A(1)(b) of the Native Title Act in respect of the relevant provisions of this Act comes into force; (b) a proposal to compulsorily acquire native title rights and interests where the proposed acquisition is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies (other than an acquisition that relates to an alternative provision area) and a notice under section 29 of the Native Title Act is given at any time; (c) a proposal to compulsorily acquire native title rights and interests where: (i) the proposal relates to an alternative provision area; and (ii) a notice of proposal is given after a determination under section 43A(1)(b) of the Native Title Act in respect of the relevant provisions of this Act comes into force but, before those procedures are completed or the compulsory acquisition is done, that determination ceases to be in force. (2) Divisions 1 and 2 of this Part do not apply in relation to a proposal to which this section applies. (3) Subject to section 41(6) of this Act and to Subdivision P of