National Native Title Tribunal Part 6
Inquiries and determinations by the Tribunal Division 5
Section 138F
Reviews on whether there are native title rights and interests
cannot be held
(2) If an inquiry is held in relation to an area, the Tribunal may not
conduct a review under section 136GC in relation to that area at the
same time.
Note:
Section 136GC allows the Federal Court to refer for review the issue
of whether a native title claim group who is a party in a proceeding
holds native title rights and interests in relation land or waters within
the area that is the subject of the proceeding.
138F Cessation of inquiry
(1) An inquiry in relation to a proceeding must cease if the Federal
Court makes an order under section 86C that mediation cease in
relation to the whole of the proceeding.
(2) If the Federal Court makes an order under section 86C that
mediation cease in relation to a part of the proceeding, an inquiry
must cease if the inquiry relates to that part of the proceeding.
(3) The President may direct that an inquiry cease if a party to the
inquiry no longer agrees to participate in the inquiry.
138G Inquiries may cover more than one proceeding
An inquiry may relate to more than one proceeding if section 138A
is satisfied in relation to each proceeding, and this Division applies
in relation to the inquiry as if each proceeding were a separate
inquiry.
Subdivision B—Inquiries—General
139 Inquiries
The Tribunal must hold an inquiry into:
(b) an application covered by section 75 (a right to negotiate
application); or
Compilation No. 47
Native Title Act 1993
331
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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