Native Title Act 1993

1

an approved determination of native title is made to the effect that there is no native title in relation to the area concerned immediately before the act takes place

direct the ADI to cancel the bank guarantee.

2

the Government party informs the Registrar in writing that it is not going to do the act

direct the ADI to cancel the bank guarantee.

3

(a) an approved determination of native title is made to the effect that the native title parties concerned are (disregarding any holding of the native title in trust under Division 6) the native title holders in relation to the area affected by the act; and

(b) the registered native title body corporate advises the Registrar that it wishes to accept the amount instead of any compensation to which the native title holders may be entitled under Division 3 for the act; and

(c) the person who secured the amount by bank guarantee advises the Registrar that the person agrees to the registered native title body corporate accepting the amount instead of any compensation to which the native title holders may be entitled under Division 3 for the act

(a) direct the ADI to pay the amount secured to the Registrar; and

(b) pay that amount to the registered native title body corporate in relation to the area concerned.

4

(a) a determination is made, on a claim for compensation in respect of the act, that a person (the ultimate beneficiary) is entitled to compensation:

(i) in accordance with this Division; or

(ii) on just terms under a law of the Commonwealth or of a State or Territory dealing with the compulsory acquisition of rights or interests in the land or waters in relation to which compensation is claimed; and

(b) the amount secured is less than or equal to the amount determined

(a) direct the ADI to pay the amount secured to the Registrar; and

(b) pay that amount to the ultimate beneficiary.

5

(a) a determination is made, on a claim for compensation in respect of the act, that a person (the ultimate beneficiary) is entitled to compensation:

(i) in accordance with this Division; or

(ii) on just terms under a law of the Commonwealth or of a State or Territory dealing with the compulsory acquisition of rights or interests in the land or waters in relation to which compensation is claimed; and

(b) the amount secured by bank guarantee is more than the amount determined

(a) direct the ADI to pay an amount equal to the amount determined to the Registrar; and

(b) pay that amount to the ultimate beneficiary; and

(c) direct the ADI to cancel the guarantee.

6

a determination is made, on a claim for compensation in respect of the act:

(a) in accordance with this Division; or

(b) on just terms under a law of the Commonwealth or of a State or Territory dealing with the compulsory acquisition of rights or interests in the land or waters in relation to which compensation is claimed;

that no person is entitled to compensation

direct the ADI to cancel the guarantee.

7

(a) the person who secured the amount by bank guarantee obtains an alternative bank guarantee from an ADI in favour of the Registrar; and

(b) the alternative bank guarantee complies with regulations made for the purposes of subsection 36C(5A), 41(4) or 42(5A) (as the case requires)

direct the ADI to cancel the guarantee.

8

(a) the Registrar applies to the Federal Court in accordance with subsection (3) for an order in relation to the amount secured; and

(b) the court orders that an amount be paid to a person (the ultimate beneficiary)

(a) direct the ADI to pay the secured amount (the original amount) to the Registrar; and

(b) pay an amount to the ultimate beneficiary equal to the amount the court orders to be paid; and

(c) if the amount to be paid to the ultimate beneficiary is less than the original amount—pay the remainder to the person who secured the original amount by bank guarantee or, if that person no longer exists, the person to whom the Federal Court orders it to be paid.

9

(a) none of the other items apply; and

(b) the Federal Court decides, on application by any person, that it would be just and equitable in all the circumstances to pay the amount secured by bank guarantee to a person (the ultimate beneficiary)

(a) direct the ADI to pay the amount secured to the Registrar; and

(b) pay that amount to the ultimate beneficiary.