Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Unless the notice includes a statement that the Government party considers the act attracts the expedited procedure:
(a) the Government party must give all native title parties an opportunity to make submissions to it, in writing or orally, regarding the act; and
(b) the negotiation parties must negotiate in good faith with a view to obtaining the agreement of each of the native title parties to:
(i) the doing of the act; or
(ii) the doing of the act subject to conditions to be complied with by any of the parties.
Note: The native title parties are set out in paragraphs 29(2)(a) and (b) and section 30. If they include a registered native title claimant, the agreement will bind all of the persons in the native title claim group concerned: see subsection 41(2).
Government party does not need to participate in negotiations
(1A) Despite paragraph (1)(b), the Government party does not need to negotiate about matters that the Government party determines do not affect the Government party if the other negotiation parties give written consent.
(1B) However, the Government party must be a party to the agreement.
Registered native title claimants
(1C) The requirement that a native title party that is a registered native title claimant be a party to the agreement is satisfied if:
(a) a majority of the persons who comprise the registered native title claimant are parties to the agreement, unless paragraph (b) applies; or
(b) if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement--those persons are parties to the agreement.
(1D) The persons in the majority must notify the other persons who comprise the registered native title claimant within a reasonable period after becoming parties to the agreement as mentioned in paragraph (1C)(a). A failure to comply with this subsection does not invalidate the agreement.
Negotiation in good faith
(2) If any of the negotiation parties refuses or fails to negotiate as mentioned in paragraph (1)(b) about matters unrelated to the effect of the act on the registered native title rights and interests of the native title parties, this does not mean that the negotiation party has not negotiated in good faith for the purposes of that paragraph.
Arbitral body to assist in negotiations
(3) If any of the negotiation parties requests the arbitral body to do so, the arbitral body must mediate among the parties to assist in obtaining their agreement.
Information obtained in providing assistance not to be used or disclosed in other contexts
(4) If the NNTT is the arbitral body, it must not use or disclose information to which it has had access only because it provided assistance under subsection (3) for any purpose other than:
(a) providing that assistance; or
(b) establishing whether a negotiation party has negotiated in good faith as mentioned in paragraph (1)(b);
without the prior consent of the person who provided the NNTT with the information.