Part 2 Native Title
Division 3 Future acts etc. and native title
Section 36C
that all of the notices so given will have been received by, or will
otherwise have come to the attention of, the persons who must be
so notified.
Natural justice
(5) If the relevant Minister complies with subsection (1), there is no
requirement for any person to be given any further hearing before
the relevant Minister makes the determination.
Material etc. taken into account
(6) In making the determination, the relevant Minister:
(a) must take into account:
(i) any submission or material provided by any of the
negotiation parties in accordance with subsection (3),
but only if the negotiation party has complied with the
requirements of paragraph (3)(b); and
(ii) any report provided by the arbitral body; and
(iii) any consultations with the Commonwealth Minister as
mentioned in subsection 36A(1A); and
(b) may, but need not, take into account any other matter or
thing.
Minister’s power not limited
(7) The fact that no submission or other material of the kind mentioned
in subsection (3) has been given to the Minister before the end of
the day specified in the notice does not prevent the Minister from
making the determination.
36C Section 36A determinations
Coverage of section
(1) This section:
(a) sets out the kind of determination that may be made under
section 36A; and
146
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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