Native Title Act 1993

If an area is subject to section 24FA protection (see sections 24FB, 24FC and 24FD) at a particular time:

any future act by any person in relation to the area that is done at that time is valid; and

if such an act extinguishes native title to any extent—the native title holders are entitled to compensation, in accordance with Division 5, for the act in so far as it has that effect; and

if the act mentioned in paragraph (a) does not so extinguish native title and the native title holders would be entitled to compensation under subsection 17(2) for the act on the assumption that it was a past act referred to in that subsection—they are entitled, in accordance with Division 5, to compensation for the act.

The native title holders may recover the compensation from:

if the act is attributable to the Commonwealth—the Crown in right of the Commonwealth; or

if the act is attributable to a State or Territory—the Crown in right of the State or Territory.