Native Title Part 2 Future acts etc. and native title Division 3 Section 36A Note: It would be possible for a further application to be made under section 35. Report to Commonwealth Minister (3) If the arbitral body is the NNTT and it does not make the determination within the period of 6 months starting when the application is made, it must, as soon as is reasonably practicable after the end of the period, advise the Commonwealth Minister in writing of the reason for it not doing so and include in that advice an estimate of when a determination is likely to be made. Relevant Minister may give arbitral body notice as to urgency (4) At any time later than 4 months after a negotiation party has made an application under section 35 that has not been withdrawn, and before either: (a) the negotiation parties have made an agreement of the kind mentioned in paragraph 31(1)(b); or (b) the arbitral body has made a determination under section 38; the relevant Minister may give a written notice to the arbitral body requesting the arbitral body to make such a determination within the period specified in the notice. The period must end at a time later than 6 months after the application under section 35 was made. 36A Ministerial determination if arbitral body determination delayed Relevant Minister may make determination (1) If: (a) the arbitral body has not made a determination in relation to the act within the period specified in a notice under subsection 36(4); and (b) no agreement of the kind mentioned in paragraph 31(1)(b) has been made in relation to the act; and (d) the requirements of section 36B are met; Compilation No. 47 Native Title Act 1993 143 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021