52Claims

52 Claims (1) Where a person had, or asserts to have had, an interest in acquired land immediately before the date of acquisition, including: (a) a registered native title body corporate; (b) a person asserting an interest (other than a native title right or interest) that is not shown on the Register maintained by the Registrar-General under the Land Title Act 2000; and (c) a registered native title claimant or any other person asserting a native title right or interest, the person may, at any time within 3 years after the date of acquisition or within the further time the Tribunal allows under subsection (1A), lodge with the Minister a claim for compensation in the approved form. (1A) The Tribunal has the jurisdiction to extend the time for making a claim referred to in subsection (1) as if the claim were an action to which section 44 of the Limitation Act 1981 applies and the Tribunal were a court for the purposes of that section. (2) Where a person lodges a claim for compensation under subsection (1), the Minister must: (aa) if the person holds or, but for the acquisition, would have held an interest in the acquired land, including a registered native title body corporate who holds or would have held native title – within one month after the claim is lodged; (a) if the person is 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 – within one month after being notified by the person that it has been 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; or (b) if the person was a registered native title claimant or otherwise had or asserts to have had a native title right or interest (including a person who held or asserts to have held that right or interest on behalf of a group among whose 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) – within one month after being notified by the person that an approved determination of native title to the effect of

Lands Acquisition Act 1978 39 any of the following has been made: (i) that the person holds native title; (ii) that native title does not exist but did exist immediately before the acquisition and was held by the person; (iii) that native title does not exist and it is apparent from the terms of or the reasons for the determination that native title did exist immediately before the acquisition and was held by the person; (iv) that native title does not exist and it is not apparent from the terms of or the reasons for the determination whether native title existed immediately before the acquisition, section 52(2)(b)(ii) or (iii) rather than the kind referred to in section 52(2)(b)(iv). cause to be served on the person an offer under section 50(1)(a) or (b) or a notice under section 50(1AA) (as the case requires) in respect of the interest that the person had or asserts to have had in the acquired land. (2A) Nothing in subsection (2) prevents the Minister from making an offer to a person mentioned in that subsection with a view to reaching an agreement about compensation claimed. (3) If no claim is lodged within the 3 years referred to in subsection (1) or any further time allowed by the Tribunal under subsection (1A), claims for compensation and interest are, by virtue of this subsection, statute barred.