Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 36C

Coverage of section

  (1)   This section:

  (a)   sets out the kind of determination that may be made under section   36A; and

  (b)   states the effect of such a determination; and

  (c)   contains other provisions relevant to such a determination.

Determination

  (2)   The relevant Minister does not have a duty to make a determination. This is so despite:

  (a)   the giving of any notice by the Minister; and

  (b)   the giving of any submission or other material to the Minister; and

  (c)   any request by a negotiation party for the Minister to make the determination; and

  (d)   any other circumstance.

Who makes determination

  (3)   A determination must be made by the relevant Minister personally.

Kinds of determination

  (4)   The relevant Minister may make any one of the following determinations:

  (a)   a determination that the act must not be done;

  (b)   a determination that the act may be done;

  (c)   a determination that the act may be done subject to conditions to be complied with by any of the negotiation parties.

Bank guarantee condition

  (5)   If a condition to be complied with is that an amount is to be secured by bank guarantee:

  (a)   the arbitral body must:

  (i)   determine the amount; and

  (ii)   specify the person who must secure the amount in that way; and

  (b)   the condition is not complied with unless:

  (i)   the guarantee is given by an authorised deposit - taking institution within the meaning of the Banking Act 1959 ; and

  (ii)   the guarantee is secured in favour of the Registrar; and

  (iii)   regulations made under subsection   (5A) are complied with.

  (5A)   The regulations may make provision in relation to the securing of an amount by bank guarantee in compliance with such a condition, and any other matter in relation to such a guarantee.

Trust condition

  (5B)   If a condition to be complied with is that an amount is to be paid and held in trust until it is dealt with in accordance with section   52A:

  (a)   the arbitral body must determine the amount; and

  (b)   the amount, when paid, must be held in trust in accordance with the regulations until it is dealt with in accordance with section   52A.

Note:   The NNTT cannot determine compensation (see Division   5 of this Part and Division   1 of Part   3). However, if the arbitral body is not the NNTT, it may be able to do so.

Conditions to have contractual effect

  (6)   If the act is done, any conditions in a determination by the relevant Minister under this section have effect, in addition to any effect that they may have apart from this subsection, as if they were terms of a contract among the negotiation parties. If a native title party is a registered native title claimant, any other person included in the native title claim group (see section   253) concerned is a negotiation party for this purpose only.

Copy of determination to be tabled

  (7)   The relevant Minister must, as soon as practicable after making a determination, and in any case within 15 sitting days, cause a copy of the determination, together with reasons for the determination, to be laid:

  (a)   if the relevant Minister is the Commonwealth Minister--before each House of the Parliament; or

  (b)   if the relevant Minister is a State Minister--before the House, or both of the Houses, of Parliament of the State concerned; or

  (c)   if the relevant Minister is a Territory Minister--before the Legislative Assembly of the Territory concerned.