Native Title Part 2
Future acts etc. and native title Division 3
Section 36C
(b) states the effect of such a determination; and
(c) contains other provisions relevant to such a determination.
Determination
(2) The relevant Minister does not have a duty to make a
determination. This is so despite:
(a) the giving of any notice by the Minister; and
(b) the giving of any submission or other material to the
Minister; and
(c) any request by a negotiation party for the Minister to make
the determination; and
(d) any other circumstance.
Who makes determination
(3) A determination must be made by the relevant Minister personally.
Kinds of determination
(4) The relevant Minister may make any one of the following
determinations:
(a) a determination that the act must not be done;
(b) a determination that the act may be done;
(c) a determination that the act may be done subject to
conditions to be complied with by any of the negotiation
parties.
Bank guarantee condition
(5) If a condition to be complied with is that an amount is to be
secured by bank guarantee:
(a) the arbitral body must:
(i) determine the amount; and
(ii) specify the person who must secure the amount in that
way; and
(b) the condition is not complied with unless:
Compilation No. 47
Native Title Act 1993
147
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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