61Damages

61 Damages (1) An owner of land, a native title holder or a person who asserts to have had native title right or interest who: (a) sustained any loss; or (b) incurred any cost, by reason of any action taken under Part III may recover that loss or cost from the Territory. (1A) Nothing in this section prevents the payment by the Territory and acceptance by a person referred to in subsection (1) under an agreement of valuable consideration in satisfaction for damages to which that person is or may be entitled under this section. (2) In the absence of agreement, damages 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

Lands Acquisition Act 1978 43 members any damages recovered would be distributed) 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 whether native title did exist immediately before the acquisition and was held by the section 61(2)(b) or (c) rather than the kind referred to in section 61(2)(d).