Western Australian Current Acts

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LAND ADMINISTRATION ACT 1997 - SECT 158

158 .         Compensation paid for native title rights and interests, recovery of if purpose of taking is cancelled

        (1)         If —

            (a)         an interest in land has been taken under this Part; and

            (b)         compensation has been paid for the effect on native title rights and interests of the taking of the interest; and

            (c)         the designation of the interest is cancelled in accordance with section 187,

                the taking of the interest, so far as it may have affected native title rights and interests, wholly ceases to operate.

        (2)         Notice of the cancellation must be given to the native title holders, and may be given in the manner provided for by subsection (7) of section 24MD of the NTA as if the cancellation were an act to which that subsection applies.

        (3)         Subject to this section, on registration of the cancellation —

            (a)         a sum equal to the amount of the monetary compensation mentioned in subsection (1)(b) that has been paid to any person becomes a debt due by that person to the Crown; and

            (b)         the debt may be recovered by the Minister in a court of competent jurisdiction.

        (4)         Subsection (3) does not apply to any compensation that has been paid to a person, other than a trustee under the NTA, if a period of 3 years or more has passed since the interest in the land was taken.

        (5)         This section has no effect in relation to any person, not being a native title holder, who had an interest that was taken.

        [Section 158 amended: No. 61 of 1998 s. 10.]

        [Heading amended: No. 13 of 2000 s. 97.]



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