Jango: Payment of compensation for the extinguishment of Native Title

In Jango v Northern Territory of Australia the Federal Court was asked to determine the issue of compensation for the extinguishment of Native Title rights and interests. This paper examines the Court’s treatment of Division 5 Part 2 of the Native Title Act 1993 (Cth) in relation to criteria for determining extinguishment. It focuses on whether any improvements on the land which post-dated the extinguishing acts has a bearing on when the right to compensation arise; whether the quantum of compensation is assessed with reference to any improvements on the land; whether the person or groups entitled to compensation are those who held Native Title rights and interests at the date the past act occurred; the date from which interest should accrue; and whether a site of significance has a bearing on the quantum of the compensation payable once the claim group has established Native Title rights and interests that were extinguished as a result of compensation acts.