Part 2 Native Title
Division 3 Future acts etc. and native title
Section 39
Example: The arbitral body could determine that a mining lease may be granted
subject to site clearance procedures to be determined by a third
person.
Matters to be determined by arbitration
(1B) If:
(a) the manner specified is arbitration (other than by the arbitral
body); and
(b) the negotiation parties do not agree about the manner in
which the arbitration is to take place;
the arbitral body must determine the matter at an appropriate time.
Profit-sharing conditions not to be determined
(2) The arbitral body must not determine a condition under
paragraph (1)(c) that has the effect that native title parties are to be
entitled to payments worked out by reference to:
(a) the amount of profits made; or
(b) any income derived; or
(c) any things produced;
by any grantee party as a result of doing anything in relation to the
land or waters concerned after the act is done.
39 Criteria for making arbitral body determinations
(1) In making its determination, the arbitral body must take into
account the following:
(a) the effect of the act on:
(i) the enjoyment by the native title parties of their
registered native title rights and interests; and
(ii) the way of life, culture and traditions of any of those
parties; and
(iii) the development of the social, cultural and economic
structures of any of those parties; and
(iv) the freedom of access by any of those parties to the land
or waters concerned and their freedom to carry out rites,
150
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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