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 If they make such an agreement before such a determination is made, the application is taken to have been withdrawn. 36 Arbitral body determination to be made as soon as practicable (1) Subject to section 37, the arbitral body must take all reasonable steps to make a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