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