Part 2 Native Title Division 3 Future acts etc. and native title Section 40 Agreements to be given effect (4) Before making its determination, the arbitral body must ascertain whether there are any issues relevant to its determination on which the negotiation parties agree. If there are, and all of the negotiation parties consent, then, in making its determination, the arbitral body: (a) must take that agreement into account; and (b) need not take into account the matters mentioned in subsection (1), to the extent that the matters relate to those issues. 40 No re-opening of issues previously decided If: (a) the arbitral body is making a determination in relation to an act consisting of the creation of a right to mine in relation to an area; and (b) an agreement, or a determination by an arbitral body, under this Subdivision involving the same negotiation parties was previously made in relation to a future act consisting of the creation of a right to mine in relation to the same area; and (c) an issue was decided in the agreement or during the inquiry; the negotiation parties must not, without leave of the arbitral body that is making the determination, seek to vary the decision on the issue. 41 Effect of determination or agreement (1) Subject to this section: (a) a determination by the arbitral body; or (b) an agreement of the kind mentioned in paragraph 31(1)(b); that the act may be done subject to conditions being complied with by the parties has effect, if the act is done, as if the conditions were terms of a contract among the negotiation parties. The effect is in addition to any other effect that the agreement or determination may have apart from this subsection. 152 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021