" 'notice of proposed acquisition' means a notice referred to in section 32(1)(e);".

"(c) an invitation to the person on whom the notice is served to negotiate with the Minister the conditions of the acquisition of the person's interest by agreement under this Act and advice to the person that in the absence of agreement the land will be compulsorily acquired but that the land will only be acquired (whether by agreement or compulsorily) after all objections lodged in accordance with section 34 have been dealt with under this Part; and".'.

(a) by omitting from subsection (3) "subsection (2)(a) or (b)" and substituting "subsection (2)(b)(i) or (ii)"; and

(b) by adding at the end the following:

"(4) If the circumstances in subsection (2)(b)(i) or (ii) occur in relation to a proposal after the Tribunal has made a recommendation in relation to the proposal, section 45 does not apply and the Minister may proceed to compulsorily acquire the land.".'.

' "(2) For the purposes of subsection (1), an Accountable Officer's Trust Account is to be established under section 7 of the Financial Management Act.

' "(2) Moneys paid into the Lands Trust Fund under subsection (1) and interest earned on those moneys are to be used to pay amounts in respect of the compensation payable by the Territory to the native title holder.

' "(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;

(c) the following requirements are satisfied:

(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.

' "(3) Where subsection (1)(c) applies –

(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

(ii) refund the excess to the Territory.

' "(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.".'.

(a) by omitting "The Tribunal" and substituting "Subject to subsection (2), the Tribunal"; and

(b) by adding at the end the following:

"(2) The Tribunal must not proceed to hear and make recommendations about objections under subsection (1)(a), (c) or (e) unless the parties to the proceeding have complied with sections 36, 37 and 38 of the Lands Acquisition Act, sections 140F, 140G and 140H of the Mining Act or sections 57G, 57H and 57J of the Petroleum Act, as the case requires.

"(3) For the purposes of subsection (2), the non-participation in the consultation process by the party objecting to the acquisition or to the doing of the prescribed mining act or prescribed petroleum act is not a ground for refusal by the Tribunal to hear and make recommendations about the objections.".'.

' "(3) If the circumstances in subsection (2)(b)(i) or (ii) occur in relation to a prescribed mining act after the Tribunal has made a recommendation in relation to that act, section 140K does not apply and the Minister may proceed to determine the application for the prescribed mining act.

' "(4) Where a native title objection was not lodged, or is withdrawn, because the parties have reached an agreement –

(a) the parties may advise the Minister that they have reached an agreement and what the terms of that agreement are; and

(b) if so advised, the Minister –

(i) must take into account any terms of the agreement about minimising the impact of the prescribed mining act on registered native title rights and interests; and

(ii) may take into account any other terms of the agreement,

when making a decision whether or not to do the prescribed mining act and, if he or she decides to do the act, when making a decision as to the conditions to which the doing of the act is to be subject.".'.

' "(3) If the circumstances in subsection (2)(b)(i) or (ii) occur in relation to a prescribed petroleum act after the Tribunal has made a recommendation in relation to that act, section 57L does not apply and the Minister may proceed to determine the application for the prescribed petroleum act.

' "(4) Where a native title objection was not lodged, or is withdrawn, because the parties have reached an agreement –

(a) the parties may advise the Minister that they have reached an agreement and what the terms of that agreement are; and

(b) if so advised, the Minister –

(i) must take into account any terms of the agreement about minimising the impact of the prescribed petroleum act on registered native title rights and interests; and

(ii) may take into account any other terms of the agreement,

when making a decision whether or not to do the prescribed petroleum act and, if he or she decides to do the act, when making a decision as to the conditions to which the doing of the act is to be subject.".'.