50Offers

50 Offers (1) If the Minister is of the opinion that: (aa) a person specified in section 49(1A)(a) who has been served with a notice under section 49(1)(c)(i); or Lands Acquisition Act 1978 35 (ab) a person who has lodged a claim for compensation under section 52(1) and in relation to whom section 52(2) applies, has a claim for compensation under this Act that is reasonably capable of being assessed, unless the person is a registered native title claimant, the Minister must cause to be served on the person: (a) an offer of compensation that the Minister considers appropriate for the acquisition of that person's interest in the acquired land; or (b) an offer of the transfer of land and, if the transfer is instead of part only of that compensation, compensation. (1AA) If the Minister is of the opinion that: (a) a person specified in section 49(1A)(a) who has been served with a notice under section 49(1)(c)(i); or (b) a person who has lodged a claim for compensation under section 52(1) and in relation to whom section 52(2) applies, has a claim for compensation under this Act that is not reasonably capable of being assessed, unless the person is a registered native title claimant, the Minister must cause to be served on the person a notice to the effect that the Minister proposes to refer the matter of compensation to the Tribunal under section 51(b). (1A) The Minister must cause to be served on a registered native title claimant specified in section 49(1A)(a)(i) who has been served with a notice under section 49(1)(c)(i) a notice to the effect that, at any time within 3 years after the date of acquisition, or within the further time the Tribunal allows under section 52(1A), the claimant may lodge a claim for compensation for the acquisition of the claimant's native title rights and interests in relation to the acquired land. (1AB) Nothing in this section prevents the Minister from making an offer other than in accordance with this section to a person with a view to reaching agreement about compensation claimed. (1B) Nothing in subsection (1) or (1A) is to be taken to affect the power of the Minister under section 89A to enter into an agreement with a registered native title claimant about compensation payable to the claimant. (1C) In the absence of agreement, the compensation that may be payable to a person asserting the acquisition of an interest (other than a native title right or interest) in the acquired land that is not shown on the Register maintained by the Registrar-General under the Land Title Act 2000 is not determinable by the Tribunal until it is Lands Acquisition Act 1978 36 established in a court of competent jurisdiction that the person holds or, but for the acquisition, would have held the interest asserted in the acquired land. (1D) In the absence of agreement, compensation that may be payable to a native title holder or a person who asserts to have had a native title right or interest (including a person who held or asserts to have members any compensation paid would be distributed but not including a registered native title body corporate on whom a copy of a notice of acquisition under section 49(1A)(a)(ii) has been served) is not determinable by the Tribunal until an approved determination of native title to the effect of any of the following has been made: of or the reasons for the determination that native title did exist immediately before the acquisition and was held by the section 50(1D)(b) or (c) rather than the kind referred to in section 50(1D)(d). (2) An offer of the transfer of land made under subsection (1)(b): (a) is, subject to this section, an offer of: (i) possession of; and (ii) title to, land and improvements, if any, specified in the offer which is, in the opinion of the Minister, substantially equivalent to the land and improvements, if any, acquired under Division 1; (b) may contain an offer to construct a building or other improvements which, in the opinion of the Minister would, when completed, be substantially equivalent to the building or improvements, as the case may be, on the acquired land; and Lands Acquisition Act 1978 37 (c) shall specify: (i) the nature of the title to that land which will be conveyed or transferred to that person; and (ii) the terms and conditions under which that title will be conveyed or transferred and possession will be given to the person to whom the offer is made. (3) An offer of the transfer of land referred to in subsection (2) shall be accompanied by: (a) a statement or plan showing the location of the buildings or improvements on the land; and (b) if the offer is an offer referred to in subsection (2)(b) – a copy of the plans and specifications of the buildings or improvements proposed to be constructed. (4) An offer may be modified or withdrawn by the Minister at any time before it is accepted in writing.