South Australian Consolidated Acts South Australian Consolidated Acts63Z—Compensation to be held on trust in certain cases
(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.