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NATIVE TITLE ACT 1993 - SECT 38 Kinds of arbitral body determinations

NATIVE TITLE ACT 1993 - SECT 38

Kinds of arbitral body determinations

  (1)   Except where section   37 applies, the arbitral body must make one of the following determinations:

  (a)   a determination that the act must not be done;

  (b)   a determination that the act may be done;

  (c)   a determination that the act may be done subject to conditions to be complied with by any of the parties.

Determinations may cover other matters

  (1A)   A determination may, with the agreement of the negotiation parties, provide that a particular matter that:

  (a)   is not reasonably capable of being determined when the determination is made; and

  (b)   is not directly relevant to the doing of the act;

is to be the subject of further negotiations or to be determined in a specified manner.

Example:   The arbitral body could determine that a mining lease may be granted subject to site clearance procedures to be determined by a third person.

Matters to be determined by arbitration

  (1B)   If:

  (a)   the manner specified is arbitration (other than by the arbitral body); and

  (b)   the negotiation parties do not agree about the manner in which the arbitration is to take place;

the arbitral body must determine the matter at an appropriate time.

Profit - sharing conditions not to be determined

  (2)   The arbitral body must not determine a condition under paragraph   (1)(c) that has the effect that native title parties are to be entitled to payments worked out by reference to:

  (a)   the amount of profits made; or

  (b)   any income derived; or

  (c)   any things produced;

by any grantee party as a result of doing anything in relation to the land or waters concerned after the act is done.