Part 4 Determinations of the Federal Court
Division 1B Reference for mediation
Section 86B
(a) the matters set out in paragraphs (1)(a) and (b) in relation to
the area of land or waters covered by the application;
(b) the amount or kind of any compensation payable;
(c) the name of the person or persons entitled to any
compensation or the method for determining the person or
persons;
(d) the method (if any) for determining the amount or kind of
compensation to be given to each person;
(e) the method for determining any dispute regarding the
entitlement of a person to an amount of compensation.
Note:
The matters set out in paragraphs (b) to (e) reflect the matters that,
under section 94, must be set out in an order for compensation.
86B Referral of matters for mediation
Federal Court must refer applications for mediation
(1) Unless an order is made under subsection (3) that there be no
mediation under this Act, the Federal Court must refer each
application made under section 61 to an appropriate person or body
for mediation, including the ascertaining of agreed facts, as soon as
practicable after the end of the period specified in the notice under
section 66.
(2) In deciding whether to refer the application to a particular person
or body, the Court may take into account the training,
qualifications and experience of the person who is to be, or is
likely to be, the person conducting the mediation.
(2A) Without limiting subsection (1), the application may be referred to
a Federal Court Registrar.
No mediation if it will be unnecessary etc.
(3) The Court, either on the application of a party or of its own motion,
must order that there be no mediation under this Act in relation to
the whole of the proceeding or a part of the proceeding if the Court
considers that:
256
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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