Lands Acquisition Act 1978

(1) An owner of land, a native title holder or a person who asserts to have had native title right or interest who:

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 held that right or interest on behalf of a group among whose 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:

(b) that native title does not exist but did exist immediately before the acquisition and was held by the person;

(c) that native title does not exist and it is apparent from the terms of or the reasons for the determination whether native title did exist immediately before the acquisition and was held by the person;

(d) 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.

Were the Federal Court to make a finding that native title does not exist, it is anticipated that the Court would make a determination of the kind referred to in section 61(2)(b) or (c) rather than the kind referred to in section 61(2)(d).