63Z

Compensation to be held on trust in certain cases

In force

(1)

If a determination under this Part authorises mining operations on conditions requiring payment of compensation—

(a)

the ERD Court must decide the amount of the compensation;

and

(b)

the compensation must be paid into the ERD Court to be held on trust and applied as required by this section.

(2)

Compensation paid into the ERD Court under this section—

(a)

must, on application by the registered representative of the native title holders, be paid out to the registered representative; or

(b)

if the Court, on application by an interested person, is satisfied that it is just and equitable to pay the compensation in some other way—must be paid out as directed by the Court.

(3)

However, if compensation is held on trust by the ERD Court under this section and—

(a)

a native title declaration is made to the effect that no part of the land is subject to native title; or

(b)

the proponent abandons the proposal to carry out mining operations on the land before exercising the right to do so and, by notice to the

Minister, relinquishes the right to do so, the compensation must be repaid to the person who paid it.

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