97Acquisition of native title rights and interests

97 Acquisition of native title rights and interests

97 Acquisition of native title rights and interests

(NTA, sec 23 (3), (5) and (6))

A State Compulsory Acquisition Act applies to native title with any changes prescribed by regulations made under this Act that, in the Governor’s opinion, are necessary or convenient to ensure that—

(a) native title rights and interests may be compulsorily acquired consistently with the Commonwealth Native Title Act, and

(b) if an acquisition is made at someone’s request, the person is liable to pay the compensation, and

(c) native title holders have the same procedural rights as the holders of ordinary title, except where special procedural rights apply under the Commonwealth Native Title Act, and

(d) (Repealed)

(e) a compulsory acquisition under the State Compulsory Acquisition Act is capable of attracting the expedited procedure under section 32 (Expedited procedure) of the Commonwealth Native Title Act, and

(f) (Repealed)

(g) the State Compulsory Acquisition Act is otherwise consistent with and gives effect to the objects and provisions of the Racial Discrimination Act 1975 of the Commonwealth and the Commonwealth Native Title Act.

s 97: Am 1998 No 88, Sch 1 [25]–[27].