Lands Acquisition Act 1978

(1) This section applies if an amount (in this section called the trust amount) is being held in the Lands Trust Fund in respect of a compulsory acquisition and any of the following happen:

(a) an approved determination of native title that native title does not exist in the land the subject of the acquisition is made;

(b) the Minister informs the trustee in writing that he or she is not going to compulsorily acquire the land;

(i) an approved determination of native title that native title in the land the subject of the acquisition exists has been made;

(ii) the relevant registered native title body corporate advises the trustee in writing that it wishes to accept the trust amount instead of any compensation to which the native title holder may be entitled under this Act for the effect of the acquisition;

(iii) the Minister advises the trustee in writing of his or her agreement to the registered native title body corporate accepting the trust amount instead of any compensation to which the native title holder may be entitled under this Act for the effect of the acquisition;

(d) a determination is made by the Tribunal, on a claim for compensation in respect of the acquisition, that a person is entitled to compensation or that no compensation is payable to any person;

(e) none of paragraphs (a), (b), (c) and (d) applies and, on the application of any person, the Supreme Court decides that it would be just and equitable in all the circumstances to pay the trust amount to that person or another person (it not however being a sufficient ground for the purposes of this paragraph that a person has made or is required to make an application to the Federal Court for a determination of native title in respect of any of the land the subject of the acquisition).

(2) Where subsection (1)(a) or (b) applies, the trustee must repay the trust amount to the Territory.

(a) the trustee must pay the trust amount to the registered native title body corporate; and

(b) the native title holder has no further entitlement to compensation for the effect of the acquisition under this Act.

(4) Where subsection (1)(d) applies and the determination is that a person is entitled to an amount of monetary compensation:

(a) if the trust amount is the same as the amount determined – the trustee must pay the trust amount to the person;

(b) if the trust amount is less than the amount determined – the trustee must pay the trust amount to the person and the Territory must pay the shortfall to the person; or

(c) if the trust amount is more than the amount determined, the trustee must:

(i) pay the person so much of the trust amount as equals the amount determined; and

(5) Where subsection (1)(d) applies and the transfer of property or the provision of goods or services constitutes some or all of the compensation, the trustee must apply to the Supreme Court for a direction as to the payment of the trust amount.

(6) Where subsection (1)(d) applies and the determination is that no compensation is payable or to be given to any person, the trustee must repay the trust amount to the Territory.

(7) Where subsection (1)(e) applies, the trustee must pay the trust amount in accordance with the decision of the Supreme Court.

(8) If the Minister enters into a written agreement with a registered native title claimant that the claimant accepts the trust amount or part thereof on behalf of the native title holders who are signatories to the agreement, being all the native title holders in relation to the land the subject of the acquisition, instead of any compensation to which those native title holders may be entitled under this Act for the effect of the acquisition, the trustee:

(a) must pay the trust amount or part thereof in accordance with the agreement to the registered native title claimant; and

(b) if applicable – must pay the remainder of the trust amount to the Territory; and

(c) the native title holders who are signatories to the agreement have no further entitlement to compensation for the effect of the acquisition under this Act.

(9) The Minister must not enter into an agreement under subsection (8) unless satisfied that, having regard to the information (if any) provided by the Aboriginal/Torres Strait Islander body or bodies in relation to any of the land the subject of the acquisition and any other relevant matter, the signatories to the agreement are the only native title holders in relation to that land and that it is unlikely that there are any other native title holders in relation to that land.