Part 2 Native Title
Division 3 Future acts etc. and native title
Section 35
35 Application for arbitral body determination
(1) Any negotiation party may apply to the arbitral body for a
determination under section 38 in relation to the act if:
(a) at least 6 months have passed since the notification day (see
subsection 29(4)); and
(b) no agreement of the kind mentioned in paragraph 31(1)(b)
has been made in relation to the act.
Withdrawal of application
(2) At any time before a determination in relation to the act is made
under section 36A or 38, the negotiation party may withdraw the
application by giving notice to the arbitral body.
Negotiations for an agreement
(3) Even though the application has been made, the negotiation parties
may continue to negotiate with a view to obtaining an agreement of
the kind mentioned in paragraph 31(1)(b) before a determination in
relation to the act is made under section 36A or 38. If they make
such an agreement before such a determination is made, the
application is taken to have been withdrawn.
36 Arbitral body determination to be made as soon as practicable
(1) Subject to section 37, the arbitral body must take all reasonable
steps to make a determination in relation to the act as soon as
practicable.
Determination not to be made where failure to negotiate in good
faith
(2) If any negotiation party satisfies the arbitral body that any other
negotiation party (other than a native title party) did not negotiate
in good faith as mentioned in paragraph 31(1)(b) (other than as
provided by subsections 31(1A) and (2)), the arbitral body must
not make the determination on the application.
142
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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