Native Title Part 2
Future acts etc. and native title Division 3
Section 44E
Laws of general application
(2) This Subdivision is not intended to imply that, in exercising rights
conferred by subsection 44B(1), a person is not subject to laws of
the Commonwealth, a State or a Territory that are of general
application.
44E Federal Court jurisdiction
The Federal Court may, in its discretion, refuse to exercise the
jurisdiction conferred on it under subsection 213(2) in relation to a
matter involving a right conferred by subsection 44B(1) for the
reason that an adequate alternative means of resolving the matter is
available.
44F Request for mediation
(1) If all of the persons involved in any dispute about a right conferred
by subsection 44B(1) agree, they may request the NNTT or a
recognised State/Territory body to mediate in the dispute.
Note:
Persons wishing to make an indigenous land use agreement about
access in general may request assistance from the NNTT or a
recognised State/Territory body in negotiating the agreement: see
sections 24BF, 24CF and 24DG.
(2) The NNTT must not use or disclose information to which it has
had access only because it mediated in the dispute for any purpose
other than mediating the dispute without the prior consent of the
person who provided the NNTT with the information.
44G Other mediation, arbitration and agreements not excluded by
Subdivision
Nothing in this Subdivision prevents:
(a) mediation or arbitration by any person or body of any matter
arising in relation to a right conferred by subsection 44B(1);
or
(b) the making or enforcing of agreements about access to the
area covered by the non-exclusive agricultural lease or the
Compilation No. 47
Native Title Act 1993
173
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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