Native Title Part 2
Future acts etc. and native title Division 3
Section 36B
36B Consultation prior to section 36A determination
(1) Before making a determination under section 36A, the relevant
Minister must give notice in accordance with subsection (2), and
with subsection (3), of this section.
Notice to arbitral body
(2) The relevant Minister must give written notice to the arbitral body
requiring it, by the end of the day specified in the notice, to give
the Minister and each negotiation party a summary of material that
has been presented to the arbitral body in the course of the arbitral
body considering whether to make a determination under
section 38 in relation to the act.
Notice to negotiation parties
(3) The relevant Minister must give written notice to each negotiation
party that the Minister is considering making the determination and
that each negotiation party:
(a) may, by the end of the day specified in the notice, give the
Minister any submission or other material that the negotiation
party wants the Minister to take into account in deciding
whether to make the determination and, if so, its terms; and
(b) if the negotiation party does so—must also give each of the
other negotiation parties a copy of the submission or other
material; and
(c) may, within 7 days after the specified day, in response to any
submission or other material given by any other negotiation
party or the arbitral body, give the Minister any further
submission or other material that the negotiation party wants
the Minister to take into account as mentioned in
paragraph (a).
Specified day
(4) The day specified under subsection (2) or (3) must be the same in
all of the notices given under the subsections. It must be a day by
which, in the relevant Minister’s opinion, it is reasonable to assume
Compilation No. 47
Native Title Act 1993
145
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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